foÙk ea=ky;

¼foÙkh; lsok,a foHkkx½

ubZ fnYyh] 28 flrEcj] 2015

dkñvkñ 1890.—thou chek fuxe vf/kfu;e] 1956 ¼1956

dk 31½ dh /kkjk 4 }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] dsanzh;

ljdkj] ,rn~}kjk] Jh 'kfDrdkar nkl] vkfFkZd dk;Z foHkkx dks

Jh jktho egf"kZ ds LFkku ij rRdky izHkko ls vkSj vxys vkns'kksa rd

mDr fuxe ds lnL; ds :i esa fu;qDr djrh gSA

[Qkñ lañ 14@3@2003&chek&IV]

eqfnrk feJk] funs'kd ¼chek½

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 28th September, 2015

S.O. 1890.— In exercise of the powers conferred by

Section 4 of the Life Insurance Corporation Act, 1956 (31

of 1956), the Central Government hereby appoints

Shri Shaktikanta Das, Secretary, Department of Economic

Affairs as Member of the said Corporation vice Shri Rajiv

Mehrishi with immediate effect till further orders.

[F. No. 14/3/2003-Ins. IV]

MUDITA MISHRA, Director (Insurance)

ubZ fnYyh] 3 flrEcj] 2015

dkñvkñ 1891.—Hkkjrh; LVsV cSad vf/kfu;e] 1955 ¼1955

dk 23½ dh /kkjk 19 ds [k.M ¼³½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs

gq,] dsanzh; ljdkj] ,rn~}kjk] lqJh vatqfy fpc nqXxy] lfpo] foÙkh;

lsok,a foHkkx] foÙk ea=ky; dks MkWñ gleq[k vf<;k ds LFkku ij rRdky

izHkko ls vkSj vxys vkns'k gksus rd] Hkkjrh; LVsV cSad ds dsUnzh;

funs'kd e.My esa funs'kd ukfer djrh gSA

[Qkñ lañ 7@2@2012&chvks&I]

fot; eYgks=k] voj lfpo

New Delhi, the 3rd September, 2015

S.O. 1891.—In exercise of the powers conferred by

clause (e) of Section 19 of the State Bank of India Act, 1955

(23 of 1955), the Central Government hereby nominates

izkf/dkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lkIrkfgd

WEEKLY

la- 40]

ubZ fnYyh] flrEcj 27—vDrwcj 3] 2015] 'kfuokj@vkf'ou 5—vkf'ou 11] 1937

No. 40]

NEW DELHI, SEPTEMBER 27—OCTOBER 3, 2015, SATURDAY/ASVINA 5—ASVINA 11, 1937

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g i`Fkd ladyu ds :i esa j[kk tk lds

Separate Paging is given to this Part in order that it may be filed as a separate compilation

Hkkx II—[k.M 3—mi&[k.M (ii)

PART II—Section 3—Sub-section (ii)

Hkkjr ljdkj ds ea=kky;ksa (j{kk ea=kky; dks NksM+dj) }kjk tkjh fd, x, lkafof/d vkns'k vkSj vf/lwpuk,a

Statutory Orders and Notifications Issued by the Ministries of the Government of India

(Other than the Ministry of Defence)

jftLVªh la- Mh- ,y- (,u) 04@0007@2003µ05

REGD. NO. D. L. (N) 04/0007/2003—05

4006 GI/2015

(3943)

3944

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

Ms. Anjuly Chib Duggal, Secretary, Department of Financial

Services, Ministry of Finance, to be a Director on the Central

Board of Directors of State Bank of India with immediate

effect and until further orders vice Dr. Hasmukh Adhia.

[F.No. 7/2/2012-BO-I]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 3 flrEcj] 2015

dkñvkñ 1892.—Hkkjrh; fjtoZ cSad vf/kfu;e] 1934 dh

/kkjk 8 dh mi&/kkjk ¼1½ ds [kaM ¼?k½ }kjk iznÙk 'kfDr;ksa dk iz;ksx

djrs gq,] dsUnzh; ljdkj] ,rn~}kjk] lqJh vatqfy fpc nqXxy] lfpo]

foÙkh; lsok,a foHkkx] foÙk ea=ky; dks MkWñ gleq[k vf<;k ds LFkku ij

rRdky izHkko ls vkSj vxys vkns'k gksus rd] Hkkjrh; fjtoZ cSad ds

dsUnzh; cksMZ esa funs'kd ukfer djrh gSA

[Qkñ lañ 7@2@2012&chvks&I]

fot; eYgks=k] voj lfpo

New Delhi, the 3rd September, 2015

S.O. 1892.—In exercise of the powers conferred by

clause (d) of Sub-section (1) of Section 8 of the Reserve

Bank of India Act, 1934, the Central Government hereby

nominates Ms. Anjuly Chib Duggal, Secretary, Department

of Financial Services, Ministry of Finance, to be a Director

on the Central Board of Directors Reserve Bank of India

with immediate effect and until further orders vice

Dr. Hasmukh Adhia.

[F.No. 7/2/2012-BO-I]

VIJAY MALHOTRA, Under Secy.

ubZ fnYyh] 9 flrEcj] 2015

dkñvkñ 1893.—jk"Vªh;d`r cSad ¼izca/k ,oa izdh.kZ

micaè½Ldhe] 1970@1980 ds [kaM 3 ds mi&[kaM ¼1½ ds lkFk ifBr

cSaddkjh daiuh ¼miØeksa dk vtZu ,oa varj.k½ vf/kfu;e]

1970@1980 dh /kkjk 9 dh mi&/kkjk 3 ds [kaM ¼[k½ }kjk iznÙk

'kfDr;ksa dk iz;ksx djrs gq,] dsUnzh; ljdkj] ,rn~}kjk] lqJh ,Wuk jk;]

la;qDr lfpo] foÙkh; lsok,a foHkkx dks rRdky izHkko ls vkSj vxys

vkns'kksa rd] Jh vuwi o/kkou ds LFkku ij cSad vkQ bafM;k ds

funs'kd e.My esa ljdkjh ukfefr funs'kd ukfer djrh gSA

[Qkñ lañ 7@2@2012&chvks&I]

fot; eYgks=k] voj lfpo

New Delhi, the 9th September, 2015

S.O. 1893.—In exercise of the powers conferred by

clause (b) of sub-section (3) of Section 9 of the Banking

Companies (Acquisition and Transfer of Undertakings) Act,

1970/1980, read with sub-clause (1) of clause 3 of The

Nationalized Banks (Management and Miscellaneous

Provisions) Scheme, 1970/1980, the Central Government,

hereby nominates Ms. Anna Roy, Joint Secretary,

Department of Financial Services, as Government Nominee

Director on the Board of Directors of Bank of India with

immediate effect and until further orders vice Shri Anup

Wadhawan.

[F. No. 7/2/2012-BO-I]

VIJAY MALHOTRA, Under Secy.

¼jktLo foHkkx½

¼fgUnh vuqHkkx&2½

ubZ fnYyh] 31 vxLr] 2015

dkñvkñ 1894.—dsUnzh; ljdkj] jktHkk"kk ¼la?k ds 'kkldh;

iz;kstuksa ds fy, iz;ksx½ fu;e 1976 ds fu;e 10 ds mifu;e ¼4½

ds vuqlj.k esa jktLo foHkkx ds v/khu dsUnzh; mRikn 'kqYd] lhek

'kqYd ,oa lsok dj vk;qDr ukfld&I ds dk;kZy; dks] ftuds

80 izfr'kr ls vf/kd deZpkfj;ksa us fgUnh dk dk;Z lk/kd Kku izkIr

dj fy;k gS] vf/klwfpr djrh gSA

[Qkñ lañ bZ&11017@1@2015&,Mh¼fgUnh&2½]

pUnzHkku ukjukSyh] funs'kd ¼jktHkk"kk½

(DEPARTMENT OF REVENUE)

(HINDI SECTION-2)

New Delhi, the 31st August, 2015

S.O. 1894.—In pursuance of sub rule (4) of Rule 10

of the Official Languages (Use for Official Purpose of the

Union) Rules, 1976, the Central Government hereby Notifies

the Office of the Central Excise, Customs & Service Tax

Commissioner, Nasik-I, Under the Department of Revenue,

where more than 80% staff have acquired the working

knowledge of Hindi.

[F. No. E-11017/1/2015-AD(Hindi-2)]

CHANDERBHAN NARNAULI, Director (OL)

ubZ fnYyh] 31 vxLr] 2015

dkñvkñ 1895.—dsUnzh; ljdkj] jktHkk"kk ¼la?k ds 'kkldh;

iz;kstuksa ds fy, iz;ksx½ fu;e] 1976 ds fu;e 10 ds mifu;e ¼4½

ds vuqlj.k esa jktLo foHkkx ds v/khu dk;kZy; vk;qDr] dsUnzh;

mRikn 'kqYd ,oa lsok dj vads{k.k vk;qDrky;] t;iqj vkSj blds

v/khuLFk dk;kZy;ksa vFkkZr~ mik;qDr@lgk;d vk;qDr dsUnzh; mRikn

'kqYd vads{k.k o`Ùk&t;iqj&izFke] t;iqj f}rh;] vyoj] fHkokM+h]

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3945

mn;iqj] tks/kiqj ds dk;kZy; dks] ftuds 80 izfr'kr ls vf/kd

deZpkfj;ksa us fgUnh dk dk;Zlk/kd Kku izkIr dj fy;k gS]

vf/klwfpr djrh gSA

[Qkñ lañ bZ&11017@1@2015&,Mh ¼fgUnh&2½]

pUnzHkku ukjukSyh] funs'kd ¼jktHkk"kk½

New Delhi, the 31st August, 2015

S.O. 1895.—In pursuance of sub rule (4) of Rule 10

of the Official Languages (Use for Official Purpose of the

Union) Rules, 1976, the Central Government hereby Notifies

the Office of the Commissioner, Central Excise & Service

Tax Auditing Commissionerate Jaipur & Its subordinate

offices i.e. office of Deputy Commissioner/Assistant

Commissioner, Central Excise auditing circle-Jaipur-I,

Jaipur-II, Alwar, Bhiwadi, Udaipur, Jodhpur, Under the

Department of Revenue, where more than 80% staff have

acquired the working knowledge of Hindi.

[F.No. E-11017/1/2015-AD(Hindi-2)]

CHANDERBHAN NARNAULI, Director (OL)

dkfeZd] yksd f'kdk;r rFkk isa'ku ea=ky;

¼dkfeZd vkSj izf'k{k.k foHkkx½

ubZ fnYyh] 24 flrEcj] 2015

dkñvkñ 1896.—dsUnzh; ljdkj ,rn~}kjk fnYyh fo'ks"k iqfyl

LFkkiuk vf/kfu;e] 1946 ¼1946 dk vf/kfu;e lañ 25½ dh /kkjk 6

ds lkFk ifBr /kkjk 5 dh mi&/kkjk ¼1½ ds }kjk iznÙk 'kfDr;ksa dk

iz;ksx djrs gq,] egkjk"Vª ljdkj] x`g foHkkx] eqEcbZ dh i=@

vf/klwpuk lañ ,evkbZ,l 2015@lhvkj&1413@ihvks,y&11 fnukad

18 flrEcj] 2015 }kjk izkIr lgefr ls vijk/k la[;k 406@2015

varxZr /kkjk 120&ch] 364] 302] 307] 328] 201] 202] 203 Hkñnñlañ]

1860 o /kkjk 3¼25½ 'kL= vf/kfu;e] 'khuk cksjk dh gR;k ls lEcfUèr

Fkkuk [kkj] eqEcbZ rFkk mi;qZDr vijk/kksa ds laca/k esa ;k mlls lEc)

iz;kl] nq"izsj.k rFkk "kM~;a= rFkk mlh laO;ogkj ds vuqØe esa fd;s x;s

vFkok mUgha rF;ksa ls mðr fdlh vU; vijk/k ;k vijk/kksa dk vUos"k.k

djus ds lEcU/k esa fnYyh fo'ks"k iqfyl LFkkiuk ds lnL;ksa dh 'kfDr;ksa

vkSj vkf/kdkfjrk o foLrkj lEiw.kZ egkjk"Vª jkT; ij djrh gSA

[Qkñ lañ 228@45@2015&,ohMh&II]

vthr dqekj] voj lfpo

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES

AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 24th September, 2015

S.O. 1896.—In exercise of the powers conferred by

sub-section (1) of section 5 read with section 6 of the Delhi

Special Police Establishment Act, 1946 (Act No. 25 of 1946),

the Central Government with the consent of the State of

Government of Maharashtra, Home Department Mumbai,

vide Notification No. MIS 2015/CR-1413/POL-11 dated 18th

Sept. 2015, hereby extends the powers and jurisdiction of

the members of the Delhi Special Police Establishment to

the whole of the State of Maharashtra for investigation of

Khar Police Station Crime No. 406/2015 U/s 120-B, 364, 302,

307, 328, 201, 202, 203 IPC and u/s 3(25) of Arms Act relating

to the murder of Sheena Bora and the abetment and

conspiracy in relation to the above mentioned offences.

[F. No. 228/45/2015-AVD-II]

AJIT KUMAR, Under Secy.

vk;q"k ea=ky;

ubZ fnYyh] 24 flrEcj] 2015

dkñvkñ 1897.—dsUnzh; ljdkj] jktHkk"kk ¼la?k ds 'kkldh;

iz;kstuksa ds fy, iz;ksx½ fu;e 1976 ¼;Fkk la'kksf/kr 1987½ ds

fu;e 10 ds mi&fu;e ¼4½ ds vuqlj.k esa] vk;q"k ea=ky; ds

iz'kklfud fu;a=.kk/khu fuEufyf[kr dk;kZy;] ftlds 80 izfr'kr

ls vf/kd deZpkjho`Un us fganh dk dk;Zlk/kd Kku izkIr dj fy;k gS]

dks ,rn~}kjk vf/klwfpr djrh gSA

^^eksjkjth nslkbZ jk"Vªh; ;ksx laLFkku] ubZ fnYyh**

[lañ bZ&11018@1@2013&vk;q"k ¼jkñHkkñ½]

dqanu flag Vaxf.k;ka] la;qDr funs'kd ¼jkñHkkñ½

MINISTRY OF AYUSH

New Delhi, the 24th September, 2015

S.O. 1897.—In pursuance of Sub-Rule (4) of Rule 10

of the Official Language (Use for Official Purposes of the

Union) Rules, 1976 (as amended in 1987), the Central

Government hereby notifies the following office under the

administrative control of the Ministry of AYUSH, wherein

more than 80% staff have acquired the working knowledge

of Hindi.

"Morarji Desai National Institute of Yoga,

New Delhi".

[No. E-11018/1/2013-AYUSH(O.L.)]

KUNDAN SINGH TANGANIYA, Jt. Director (O.L.)

3946

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

LokLF; ,oa ifjokj dY;k.k ea=ky;

¼LokLF; ,oa ifjokj dY;k.k foHkkx½

ubZ fnYyh] 7 flrEcj] 2015

dkñvkñ 1898.—Hkkjrh; fpfdRlk ifj"kn~ vf/kfu;e] 1956 ¼1956 dk 102½ dh /kkjk 11 dh mi&/kkjk ¼2½ }kjk iznÙk 'kfDr;ksa dk iz;ksx

djrs gq, dsUnz ljdkj] Hkkjrh; fpfdRlk ifj"kn~ ls ijke'kZ djus ds i'pkr~] ,rn~}kjk mDr vf/kfu;e dh izFke vuqlwph esa vkSj fuEufyf[kr

la'kks/ku djrh gS] vFkkZr~%—

mDr vuqlwph esa—

¼d½ ^^eqacbZ fof'ofo|ky;@egkjk"Vª LokLF; foKku fo'ofo|ky;] ukfld] egkjk"Vª** ds lkeus ^ekU;rkizkIr fpfdRlk vgZrk,a* vkxs

dkWye ¼2½ ds :i esa mfYyf[kr] 'kh"kZd ds varxZr] vafre izfof"V ds ckn vkSj ^iathdj.k ds fy, laf{kIr :i* [vkxs dkWye ¼3½ ds

:i esa mfYyf[kr] 'kh"kZd ds varxZr fuEufyf[kr dks varfoZ"V fd;k tk,xk] vFkkZr~%—

(2)

(3)

^^ekLVj vkQ ltZjh

,e,l ¼vkFkksZisfMDl½

¼vkFkksZisfMDl**½

¼;g 2003 esa vFkok mlds ckn uoy vkS"kf/k laLFkku] vkbZ,u,p,l] vf'ouh] eqacbZ] egkjk"V] esa izf'kf{kr fd,

tk jgs Nk=ksa ds laca/k esa ^^eqacbZ fo'ofo|ky;@egkjk"Vª LokLF; foKku fo'ofo|ky;] ukfld] egkjk"Vª** }kjk

Lohd`r fd, tkus ij ekU;rkizkIr fpfdRlk vgZrk gksxhA½

lHkh ds fy, fVIi.kh% 1-

LukrdksÙkj ikB~;Øe ds fy, Lohd`r ekU;rk 5 o"kZ dh vf/kdre vof/k ds fy, gksxh] ftlds ckn bldk

uohdj.k fd;k tk,xkA

2-

mi&/kkjk 4 esa visf{kr vuqlkj ekU;rk dks le; ij uohdj.k ugha djkus ds QyLo:i lacaf/kr LukrdksÙkj

ikB~;Øe esa nkf[kyk fujiokn :i ls cUn gks tk,xkA

[lañ ;w&12012@505@2015&,ebZ ¼ih-II½]

vfer fcLokl] voj lfpo

MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of Health and Family Welfare)

New Delhi, the 7th September, 2015

S.O. 1898.—In exercise of the powers conferred by sub-section (2) of the section 11 of the Indian Medical Council Act,

1956 (102 of 1956), the Central Government, after consulting the Medical Council of India, hereby makes the following

further amendments in the First Schedule to the said Act, namely:—

In the said Schedule—

(a) against “Mumbai University/Maharashtra University of Health Sciences, Nashik, Maharashtra” under the heading

‘Recognised Medical Qualification’ [hereinafter referred to as column (2)], after the last entry and entry relating thereto

under the heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted,

namely:—

(2)

(3)

“Master of Surgery

MS (Orthopaedics)

(Orthopaedics)”

(This shall be a recognised medical qualification when granted by Mumbai University/

Maharashtra University of Health Sciences, Nashik, Maharashtra in respect of students being

trained at Institute of Navel Medicine, INHS, Aswini, Mumbai, Maharashtra on or after 2003).

Note to all:

1.

The recognition so granted to a Postgraduate Course shall be for a maximum period of 5 years,

upon which it shall have to be renewed.

2.

Failure to seek timely renewal of recognition as required in sub-clause 4 shall invariably result in

stoppage of admissions to the concerned Postgraduate Course.

[No. U-12012/505/2015-ME(P-II)]

AMIT BISWAS, Under Secy.

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3947

ubZ fnYyh] 17 vxLr] 2015

dkñvkñ 1899.—tcfd Hkkjrh; fpfdRlk ifj"kn~ ¼la'kks/ku½ v/;kns'k] 2013 dh /kkjk 3d dh mi&/kkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk iz;ksx

djrs gq, Hkkjrh; fpfdRlk ifj"kn~ dk fnukad 06 uoacj] 2013 dks iquxZBu fd;k x;k Fkk(

tcfd Hkkjrh; fpfdRlk ifj"kn~ vf/kfu;e] 1956 ¼1956 dk 102½ dh /kkjk 3 dh mi&/kkjk ¼1½¼[k½ ds izko/kku ds vuqlj.k esa

fuEufyf[kr fpfdRldksa dks Hkkjr ds jkti= esa fnukad 05-11-2013 dh vf/klwpuk }kjk jktho xka/kh LokLF; foKku fo'ofo|ky;] cSaxyksj dk

izfrfuf/kRo djus ds fy, Hkkjrh; fpfdRlk ifj"kn~ ds lnL; ds :i esa fuokZfpr fd;k x;k Fkk%—

Øe lañ

fo'ofo|ky; dk uke

fuokZfpr lnL; dk C;kSjk

9-

jktho xka/kh LokLF; foKku

(i)

MkWñ dsñ,lñ Jhizdk'k] dqyifr] vkjth;w,p,l

fo'ofo|ky;] cSaxyksj

(ii)

MkWñ ,ñ,eñ txnh'k] izksQslj vkSj vusLFksfl;k v/;{k rFkk fpfdRlk v/kh{kd] dkfMZ;ksoSLdqyj

foKku ,oa vuqla/kku] cSaxyksj

(iii)

MkWñ f'kokuan ,lñ fHkekyh] ,lksfl,V izksQslj] cky jksx fo'ks"kK] egknsokIik jkeiqj esfMdy dkWyst]

xqycxkZ

tcfd ekuuh; mPp U;k;ky; dukZVd] cSaxyksj us MkWñ eatqukFk] lgk;d izksQslj] cSaxyksj esfMdy dkWyst vkSj vuqla/kku rFkk MkWñ ,pñMhñ

jaxukFk] ,lksfl,V izksQslj] vkWFkksZisfMDl] dseisxksMk fpfdRlk foKku laLFkku }kjk nk;j fjV vihy lañ 5541&42@2013 dks fnukad 12-03-2014

ds vius vkns'k }kjk Lohdkj fd;k x;k vkSj fnukad 30-07-2013 ds pquko uksfVl fujLr dj fn;k] vkSj LokLF; fo'ofo|ky; }kjk djk, x,

pquko dks voS/k ?kksf"kr dj fn;k FkkA

tcfd MkWñ vkjñ fulkjxk] izksQslj] foHkkxk/;{k] cky jksx vk/khpqupukfxjh fpfdRlk foKku laLFkku] e/; izns'k( lnL;] Hkkjrh; fpfdRlk

ifj"kn~] tks jktho xka/kh LokLF; foKku fo'ofo|ky; dk izfrfuf/kRo dj jgs Fks] us mPp U;k;ky;] dukZVd] cSaxyksj ds fnukad 12-03-2014 ds

vkns'k ds f[kykQ ekuuh; Hkkjrh; mPpre U;k;ky; ds le{k ,l,yih¼lh½ lañ 10581&10582@2014 nk;j dh FkhA ekuuh; mPpre U;k;ky;

us vius fnukad 20-01-2015 ds vkns'k }kjk fnukad 28-04-2015 ds vkns'k ds lkFk ifBr fnukad 23-04-2014 ds vius iwoZ vkns'k dks bl lanHkZ

esa la'kksf/kr fd;k Fkk fd tgka rd ;kfpdkdrkZ MkWñ vkjñ fulkjxk dk laca/k gS fookfnr fu.kZ; dk izpkyu vkLFkfxr jgsxkA

blfy,] vc ekuuh; dukZVd mPp U;k;ky; ds fnukad 12-03-2014 ds vkns'k ds vuqlj.k esa MkWñ dsñ,lñ Jhizdk'k] MkWñ ,ñ,eñ txnh'k

vkSj MkWñ f'kokuan ,lñ fHkekyh rRdky izHkko ls jktho xka/kh LokLF; foKku fo'ofo|ky; dk izfrfuf/kRo djus ds fy, Hkkjrh; fpfdRlk ifj"kn~

ds lnL; ugha jgsaxsA

[lañ oh&11013@05@2015&,ebZih-I]

vfer fc'okl] voj lfpo

ikn fVIi.kh% ewy vf/klwpuk Hkkjr ds jkti= esa fnukad 9 tuojh] 1960 ds dkñvkñ 138 }kjk izdkf'kr gqbZ Fkh] vkSj blesa vafre la'kks/ku

Hkkjrh; fpfdRlk ifj"kn~ ¼la'kks/ku½ f}rh; v/;kns'k] 2013 ¼2013 dk 11½ }kjk fd;k x;k FkkA

New Delhi, the 17th August, 2015

S.O. 1899.—Whereas on 06th November, 2013, the Medical Council of India was re-constituted in exercise of the

powers conferred by sub-section (1) of section 3A of the Indian Medical Council (Amendment) Ordinance, 2013;

Whereas in pursuance of the provision of sub-section (1)(b) of section 3 of the Indian Medical Council Act, 1956 (102 of

1956) the following doctors were elected as member of the Medical Council of India representing Rajiv Gandhi University

of Health Sciences, Bangalore vide notification dated 05.11.2013 in Gazette of India:

S.No. Name of the University

Details of the Elected Member

9.

Rajiv Gandhi University

(i) Dr. K.S. Sriprakash, Vice-Chancellor, RGUHS

of Health Sciences,

Bangalore

(ii) Dr. A.M. Jagadeesh, Professor and Head of Anaesthesia and Medical Superintendent of

Cardiovascular Sciences and Research, Bangalore.

(iii) Dr. Shivanand S. Bhimalli, Associate Professor of Paediatrics, Mahadevappa Rampure

Medical College, Gulbarge.

3948

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

Whereas the Hon’ble High Court of Karnataka, Bangalore vide its order dated 12.03.2014 allowed the Writ Appeals

No. 5541-42/2013 filed by Dr. Manjunath, Assistant Professor, Bangalore Medical College and Research Institute and

Dr. H.D. Ranganath, Associate Professor of Orthopaedics, Kempegowda Institute of Medical Sciences and quashed the

notice election dated 30.07.2013 and declared the election conducted by the Health University as invalid.

Whereas Dr. R. Nisarga, Professor, HoD of Paediatrics, Adhichunchnagiri Institute of Medical Sciences, Mandya District,

Member of Medical Council of India representing Rajiv Gandhi University of Health Sciences files an SLP (C) Nos. 10581-

10582/2014 before the Hon’ble Supreme Court of India against the order dated 12.03.2014 of the High Court of Karnataka,

Bangalore. Hon’ble Supreme Court of India vide its order dated 20.01.2015 modified their earlier order dated 23.04.2014 read

with the order dated 28.04.2015 to the effect that the operation of the impugned judgment shall remain stayed only in so far

as the petitioner—Dr. R. Nisarga is concerned.

Now, therefore, in pursuance of the order dated 12.03.2014 of Hon’ble High Court of Karnataka, Dr. K.S. Sriprakash,

Dr. A.M. Jagadeesh and Dr. Shivanand S. Bhimali shall be deemed to have ceased to be a member of the Medical Council of

India representing Rajiv Gandhi University of Health Sciences with immediate effect.

[No. V-11013/05/2015-MEP-I]

AMIT BISWAS, Under Secy.

Foot Note: The principal notification was published in the Gazette of India vide number S.O. 138 dated the 9th January,

1960 and was last amended vide Indian Medical Council (Amendment) Second Ordinance, 2013 (11 of 2013).

'kqf)i=

ubZ fnYyh] 18 flrEcj] 2015

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mfYyf[kr vgZrk ds ikB;Øe esa dkyst ds izkf/kdkfj;ksa }kjk nkf[kyk jksds tkus ds dkj.k Hkkjrh; fpfdRlk ifj"kn ds ijke'kZ ls mDr vf/kfu;e

dh izFke vuqlwph esa vkxs vkSj fuEufyf[kr la'kks/ku djrh gS( ^^ukjk;.k fpfdRlk dkyst] usYyksj] vkU/kz izns'k** ds le{k ^ekU;rkizkIr fpfdRlk

vgZrk [vkxs dkWye ¼2½ ds rkSj ij mfYyf[kr] 'kh"kZd ds varxZr ^iathdj.k ds fy, laf{kIr :i* [vkxs dkWye ¼3½ ds rksjs ij mfYyf[kr] 'kh"kZd

ds varxZr fuEufyf[kr ;ksX;rk vkSj mlls lacaf/kr izfof"V dks varfoZ"V fd;k tk,xk] vFkkZr~%—

(1)

(2)

^^{k; jksx ,oa o{k jksx esa

MhVhlhMh

fMIyksek**

¼;g dsoy 'kS{kf.kd o"kZ 2011&12 rd izos'k izkIr Nk=ksa ds laca/k esa MkWñ ,uVhvkj LokLF; foKku fo'ofo|ky;]

fot;okM+k }kjk Lohd`r fd, tkus ij ekU;rkizkIr fpfdRlk vgZrk gksxhA½

^^,fuLFkhfl;k esa fMIyksek**

Mh,

¼;g dsoy 'kS{kf.kd o"kZ 2011&12 rd izos'k izkIr Nk=ksa ds laca/k esa MkWñ ,uVhvkj LokLF; foKku fo'ofo|ky;]

fot;okM+k }kjk Lohd`r fd, tkus ij ekU;rkizkIr fpfdRlk vgZrk gksxhA½

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fMMhoh,y

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fot;okM+k }kjk Lohd`r fd, tkus ij ekU;rkizkIr fpfdRlk vgZrk gksxhA½

^^euf'pfdRlk esa fMIyksek**

Mhih,e

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uksV% dkyst izkf/kdkfj;ksa us ;g opui= fn;k gS fd 'kS{kf.kd o"kZ 2012&13 ls mijksDr of.kZr ikB~;Øe esa mUgksaus fdlh Hkh Nk= dks nkf[kyk ugha

fn;k gSA

[lañ ;w&12012@233@2015&,ebZ-I]

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[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3949

CORRIGENDUM

New Delhi, the 18th September, 2015

S.O. 1900.—In continuation of this Ministry’s earlier notification No. U-12012/25/2009-ME(P-II) dated 27.7.2009, the

Central Government, in consultation with the Medical Council of India, hereby makes the following further amendments in

the First Schedule to the said Act, due to stoppage of admission by the college authorities in the qualifications mentioned

against “Narayana Medical College, Nellore, Andhra Pradesh” under the heading ‘Recognised Medical Qualification’

[hereinafter referred to as column (2)], against the following qualifications and entry relating thereto under the heading

‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted, namely:—

(2)

(3)

“Diploma in Tuberculosis

DTCD

and Chest Diseases”

(This shall be a recognised medical qualification when granted by Dr. NTR University of

Health Sciences, Vijayawada to the students admitted upto the academic session 2011-12

only).

“Diploma in Anaesthesia”

DA

(This shall be a recognised medical qualification when granted by Dr. NTR University of

Health Sciences, Vijayawada to the students admitted upto the academic session 2011-12

only).

“Diploma in Dermatology,

DDVL

Venereology & Leprosy”

(This shall be a recognised medical qualification when granted by Dr. NTR University of

Health Sciences, Vijayawada to the students admitted upto the academic session 2011-12

only).

“Diploma in Psychiatry”

DPM

(This shall be a recognised medical qualification when granted by Dr. NTR University of

Health Sciences, Vijayawada to the students admitted upto the academic session 2011-12

only).

“Diploma in Ophthalmology”

DO

(This shall be a recognised medical qualification when granted by Dr. NTR University of

Health Sciences, Vijayawada to the students admitted upto the academic session 2011-12

only).

Note: The college authorities have given undertaking that they have not admitted any student in the above mentioned

courses from the academic year 2012-2013.

[No. U-12012/233/2015-ME-I]

D.V. K. RAO, Under Secy.

Je ,oa jkstxkj ea=ky;

ubZ fnYyh] 16 flrEcj] 2015

dkñvkñ 1901.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ofj"B v/kh{kd]

Mkd?kjksa vkSj nwljksa] fgekpy izns'k ds izca/kra= ds lac) fu;kstdksa

vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] paMhx<+ ds

iapkV ¼lanHkZ la[;k 99@2013½ dks izdkf'kr djrh gS tks dsUnzh;

ljdkj dks 11@09@2015 dks izkIr gqvk FkkA

[lañ ,y&40012@49@2013&vkbZ vkj ¼Mh;w½]

ihñ dsñ os.kqxksiky] MsLd vf/kdkjh

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 16th September, 2015

S.O. 1901.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (I.D. No. 99/2013)

of the Central Government Industrial Tribunal-cum-Labour

Court No. 1, Chandigarh now as shown in the Annexure in

the Industrial Dispute between the employers in relation to

the management of the Senior Superintendent of Post

Offices & others, Himachal Pradesh and their workman, which

was received by the Central Government on 11/09/2015.

[No. L-40012/49/2013-IR(DU)]

P. K. VENUGOPAL, Desk Officer

ANNEXURE

BEFORE SHRI SURENDRA PRAKASH SINGH,

PRESIDING OFFICER, CENTRAL GOVT.

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I,

CHANDIGARH

Case No. ID 99/2013. Reference No. L-40012/49/2013-

IR(DU) dated 05.09.2013.

Shri Arvind Kumar son of Late Shri Bam Dev, resident of

Village Dulehra, Post Office, Tehsil and District Hamirpur

(HP).

Workman

Versus

1. The Senior Superintendent of Post Offices, Hamirpur

(HP) Himachal Pradesh.

3950

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

2. The Chief Post Master General, Zonal Office, HP Circle,

The Mall, Shimla-171009

Respondents

APPEARANCE

For the workman:

Shri R.P. Rana Advocate

For the management:

Shri Sanjiv Sharma Advocate

AWARD

Passed on 08.09.2015

Government of India Ministry of Labour vide

notification No. L-40012/49/2013-IR(DU) dated 05.09.2013

has referred the following dispute to this Tribunal for

adjudication:

“Whether the action of the Sr. Supdt. of Post Office,

Hamirpur in terminating the services of Shri Arvind

Kumar son of Shri Bam Dev w.e.f. 1.12.2011 is legally

just and valid? To what relief the workman is entitled

to and from which date?"

2. The workman filed claim statement in which it is

pleaded that he is BA pass and joined as GDSMD (Gramin

Dak Sewak Mail Delivery) in Head Post Office Hamirpur

Himachal Pradesh on 6.12.2006 on daily wage basis and

continued to work up to 30.11.2011 and his services were

terminated on 1.12.2011 without any notice or order of

termination, payment of retrenchment compensation

though he had completed 240 days of service in each

calendar year. It is further pleaded that prior to joining of

the workman as GDSMD on daily wages, Shri Daramu was

working as GDSMD and he was appointed regular group D

post in Head office Hamirpur, therefore, the appointment

of the workman was against regular vacancy on daily wages.

The workman worked as such for five years with the hope

that he will be adjusted as regular GDSMD. The workman

prayed that the management be directed to reinstate him

into service as GSDMD w.e.f. 1.12.2011 with continuity of

service and full back wages.

3. The management filed written statement in which

it is pleaded that workman worked as outsider paid

substitute in place of Shri Dharmoo Ram Gramin Dak Sewak

(GDSMD-II) Hamirpur HPO purely at his own risk and

responsibility from time to time during the period from

6.12.2006 to 30.11.2011 as Shri Dharmoo Ram GDSMD II

engaged paid substitute against vacant post of group D/

postman at Hamirpur HO. The workman was never

appointed by the department. The arrangement of paid

substitute was terminated on 1.12.2011 as the regular

incumbent Shri Dharmoo Ram GDSMD-II joined his duty

back. Therefore, there was no need to give him any notice

prior to his termination as he was engaged nominee

substitute on the clear understanding that he will be

discharged on joining of regular incumbent who provided

him as substitute. Moreover the contention of completing

240 days by the workman in a year is not applicable as he

was engaged on substitute basis at his risk and

responsibility. Therefore, it is prayed by the management

that the claim statement deserves to be dismissed with

costs being devoid of merits.

4. In evidence the workman filed his own affidavit as

W1. The workman also relied upon documents Ex. W2 and

W3. The management in evidence filed affidavit of Bali

Ram Sr. Superintendent of Post Offices Hamirpur Division

Hamirpur as Ex. M1 and relied on documents Ex. M2 to M6.

5. I have heard the parties, gone through the evidence

and record.

6. During arguments, the learned counsel for the

workman submitted that the workman was engaged on

6.12.2006 and worked up to 30.11.2011 when all of a sudden

his services were terminated w.e.f. 1.12.2011 without

payment of retrenchment compensation, one month pay in

lieu of notice and without assigning any reason although

the workman had put in more than 240 days of service in

each calendar year. On the other hand, the plea of the

management is that the workman was engaged to work as

outsider paid substitute in place of Shri Dharmoo Ram

Gramin Dak Sewak (GDSMD-II) purely at his own risk and

responsibility from time to time during the period 6.12.2006

to 30.11.2011 as per rules of the postal department. There is

no violation of any provisions of the Industrial Disputes

Act 1947 as the workman was never engaged by the

department. The arrangement of paid substitute was

terminated on 1.12.2011 as the regular incumbent Shri

Dharmoo Ram GDSMD-II joined his duty back. Therefore,

there is no merit in the claim of the workman Arvind Kumar.

7. The workman joined on 6.12.2006 as substitute in

place of Dharamu Ram and worked up to 30.11.2011. He

was not allowed to work w.e.f. 1.12.2011 as the incumbent

Dharmoo Ram GDSMD came back to join duty. In this

context WW 1 Arvind Kumar workman himself admitted in

cross-examination that no appointment letter was given at

the time of appointment. He also admitted that it is correct

that he was engaged as substitute against Dharmoo Ram.

He also stated that he was removed from the job. No

termination letter was given to the workman. Respondent

management admitted this fact that workman was a

substitute working in place of Dharmoo Ram and workman

Arvind Kumar was engaged to work as outsider paid

substitute in place of Shri Dharmoo Ram Gramin Dak Sewak

(GDSMD-II) against vacant post purely at his own risk and

responsibility from time to time during the period 6.12.2006

to 30.11.2011 as per rules of the postal department. The

management also mentioned in its written reply that a

substitute has no legal right as far as regularization is

concerned the recruitment rules do not provide for

recognition of past service that may have been rendered

against any post.

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3951

8. This fact has not been disputed by the management

that workman worked from 6.12.2006 to 30.11.2011. The

management has cited circular letter No. 17-115/2001-GDS

dated 21.10.2002 issued by Govt. of India, Ministry of

Communication and IT, Department of Posts New Delhi. In

this circular letter at Page 4 in para 8, clause ii (c) & (d)

provide as under:—

(c) Continuation of substitute arrangements beyond

180 days at a stretch, may only be allowed by the authority

next higher to the appointing authority, and only in

exceptional cases where action has been initiated for regular

appointment, if justified by work load and financial norms.

(d) No substitute arrangement shall continue beyond

one year. Hence regular/alternative arrangements must be

made during the period beyond 180 days to ensure this. If

for any unavoidable reason a substitute arrangement is

required to be continued beyond one year, specific approval

of the Head of Circle will be necessary for reasons to be

recorded by the concerned authority.

9. It is admitted position that the management has

not followed as mentioned above in the circular letter of

the department and the workman was allowed to continue

beyond 180 days. Admittedly the workman Arvind Kumar

continued working for about five years. So far the

reinstatement or regularization of the services of the

workman are concerned, the reinstatement cannot be

allowed in view of the decision dated 10.3.2003 of Central

Administrative Tribunal Calcutta Bench in the case of Sanjib

K.R. Mandal Vs. Union of India and Ors. and judgment

dated 13.06.2003 of the Hon'ble High Court at Calcutta in

W.P.C.T. No. 58 of 2003 in the case of Sanjib Kumar Mandal

Vs. Union of India and four others.

10. The workman cited the judgment dated 28.01.2014

of the Hon'ble Supreme Court passed in Civil Appeal

No. 4980 of 2014 Tapash Kumar Paul Vs. BSNL & anr. The

Hon'ble Supreme Court in this judgment has held that there

may be reasons for not allowing reinstatement. In the case

in hand it is admitted fact that workman has worked for

almost five years as substitute and the rules of the

department do not permit for reinstatement or regularization.

The circular letter quoted above clearly mentioned that

substitute cannot be allowed to work for more than 180

days and in case it is for any unavoidable reason a

substitute arrangement is required to be continued beyond

one year, specific approval of the Head of Circle will be

necessary for reasons to be recorded by the concerned

authority.

11. The evidence and submissions led by both the

parties do not indicate that the necessary approval of the

competent authority was obtained for allowing the

substitute (Arvind Kumar) workman to work beyond 180

days.

12. Considering the entite facts and circumstances

of the case, the prayer of the workman for reinstatement

cannot be allowed as incumbent rejoin his duty and there

was no post available. In lieu of reinstatement the workman

should be awarded a suitable compensation. Thus in the

facts and circumstances of the case Rs. 50,000/- should be

paid by the management to the workman as compensation

in lieu of reinstatement. The management is directed to pay

Rs. 50,000/- (fifty thousand only) to the workman within

two months from the date of the publication of the award.

13. The reference is answered accordingly. Central

Govt. be informed. Soft as well hard copy be sent to the

Central Govt. for publication.

Chandigarh.

8-9-2015.—

S.P. SINGH, Presiding Officer

ubZ fnYyh] 28 flrEcj] 2015

dk-vk- 1902.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj lhihMCY;wMh ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uñ 2] p.Mhx<+ ds iapkV ¼lanHkZ la[;k 1271@2006½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 28@09@2015 dks izkIr gqvk FkkA

[lañ ,y&42012@130@2005&vkbZvkj ¼lh,e&2½]

jktsUnz flag] vuqHkkx vf/kdkjh

New Delhi, the 28th Septemeber, 2015

S.O. 1902.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Cenral

Government hereby publishes the Award (Ref. 1271/2006)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court

No. 2, Chandigarh as shown in the Annexure, in the

industrial dispute between the management of CPWD and

their workman, received by the Central Government on

28/09/2015.

[No. L-42012/130/2005-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT-II CHANDIGARH

Present : Sri Kewal Krishan, Presiding Officer

Case No. I.D. No. 1271/2006

Registered on 9.8.2006

1.

All India CPWD (MRM) Karamchari Sanghathan

(Regd) through Zonal Secretary CPWD Store Building

Sector 7B, Chandigarh.

2.

Sh. Dhan Puru, Chowkidar C/O All India CPWD

(MRM) Karamchari Sangathan (Regd) through Zonal

3952

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

Secretary, CPWD Store Building, Sector 7B,

Chandigarh.

Petitioner

Versus

1.

The Union of India Through the Secretary to

Government of India, Ministry of Personnel, Public

Grievance and Pensions, Department of Personnel &

Training, North Block, New Delhi.

2.

Director General of Works, CPWD, Nirman Bhawan,

New Delhi.

3.

The Executive Engineer, Chandigarh Central

Division II CPWD, Kendriya Sadan, Sector 9A,

Chandigarh.

Respondents

APPEARANCES

For the workman

Sh. S.D. Sharma Adv.

For the Management

Sh. Anish Babbar Adv.

AWARD

Passed on 22.9.2014

Central Government vide Notification No. L-42012/

130/2005IR(CM-II) Dated 31.7.2006, by exercising its powers

under Section 10 Sub-section (1) Clause (d) and

Sub-section (2-A) of the Industrial Disputes Act, 1947

(hereinafter referfred to as 'Act') has referred the following

industrial dispute for adjudication to this Tribunal:-

“Whether the action of the management of CPWD,

Chandigarh in not regularizing the services of Sh.

Dhan Puru, w.e.f. 19.4.1984 to 16.3.1993 and action of

not extending consequential benefits is legal and

justified? If not, to what relief he is entitled to?"

In response to the notice, the workman (claimant

No. 2) appeared and submitted statement of claim pleading

that he joined the management as Baildar on Muster Roll

on 19.4.1984. His services were regularized w.e.f. 16.3.1993.

That he is entitled to regularization of services with effect

from the day he joined as Baildar on muster roll i.e. 19.4.1984

in view of the judgment of 'Hon'ble Apex Court in Surinder

Singh Vs. CPWD reported in AIR 1986 Supreme Court 584

and he is also entitled to all the consequential benefits like

increment, uniform allowance, medical facilities etc. and

counting of service for the grant of promotion and service

benefit of 12 years/ 24 years w.e.f. 19.4.1984. That the action

of the management in not regularizing the services w.e.f.

19.4.1984 is illegal.

Respondent filed written reply pleading that the

Hon'ble Apex Court passed the order for payment of equal

pay for equal work and the same has been given to the

workman from the date of his appointment. That the Hon'ble

Apex Court only advised the Government to take

appropriate action to regularize the service of daily-rated

workers who were working continuously for more than six

months. In pursuance of the said order, the Government of

India framed policy and when the post was created the

services of the workman were regularized w.e.f. 16.3.1993.

That he is not entitled to claim allowance etc. prior thereto.

That he is not entitled to regularization of service w.e.f.

19.4.1984.

In the rejoinder, the workman reiterated his case as

set out in the claim petition and further pleaded that the

Directorate of Horticulure regularized the services of

workers immediately and even the service of Sob Nath and

Krishan Pal were regularized w.e.f. 18.2.1986 and 5.12.1988.

That he is also entitled to for regularization of services

from the date he joined the service i.e. 19.4.1984.

Parties were given opportunity to lead evidence.

In support of its case, Sh. Dhan Puru (claimant No. 2)

appeared in the witness box and filed his affidavit reiterating

the case as set out in the claim petition.

On the other hand the management has exaimed Sh.

Jaswant Singh, Executive Engineer who filed his affidavit

reiterating the stand as taken in the written statement.

I have heard Sh. S.D. Sharma, counsel for the

workman and Sh. Anish Babbar, counsel for the

management.

Learned counsel for the workman carried me through

the judgment of Surinder Singh's case (supra) and

submitted that the Hon'ble Apex Court asked the

Government to regularize the services of temporary daily

wages from the date of their appointment, and as such, the

workman is entitled for regularization of services w.e.f.

19.4.1984, when he joined the management as Baildar. He

has further carried me through the copy of the judgment

passed in LPA No. 622 of 2001 decided on 10.4.2013 titled

The Director General of Works Vs. Regional Labour

Commissioner and Others and submitted that the judgment

of Surinder Singh's case (supra) has been implemented

and the workers have been paid the arrears of pay etc., and

as such, the present workman is also entitled to the

regularization of the services from the date of his initial

appointment.

Opposing this contention it was argued by the

learned counsel for the management that the Hon'ble

Supreme Court issued directions to pay the same salary

and allowances to all the daily-rated employees as are paid

to regular and permanent employees and that direction

have been complied with. He has further submitted that

the Hon'ble Apex Court only asked the government to

initiated action to regularize the services of those

employees who have been in continuous employment for

more than six months on the date of the judgment. In

pursuance of this order of the Apex Court, the Government

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3953

initiated action and when the post was created, the service

of the workman was regularized w.e.f. 16.3.1993 and workman

cannot claim regularizatio of his services w.e.f. 19.4.1984 as

no such direction was issued by the Hon'ble Apex Court

for the regularization of the services of the daily-rated

workers from the date of their initial appointment.

I have considered the respective contentions.

The Hon'ble Apex Court in Surinder Singh Vs. CPWD

reported in AIR 1986 Supreme Court 584 observed as

follow:—

“We allow both the writ petitions and direct the

respondents, as in the Nehru Yuvak Kendras case

(supra) to pay to the petitioners and all other daily

rated employees, to pay the same salary and

allowances as are paid to regular and permanent

employees with effect from the date when they were

respectively employed. The respondents will pay to

each of the petitioners a sum of Rs. 1000/- towards

their costs. We also record our regret that many

employees are kept in service on a temporary daily

wage basis without their services being regularized.

We hope that the government will take appropriate

action to regularize the services of all those who

have been in continuous employment for more than

six months.

A persual of the order shows that the Hon'ble Apex

Court directed the Government to pay the same salary and

allowances to daily-rated employees as are paid to regular

and permanent employees w.e.f. the date when they were

employed. It further observed that the Government would

initiate action to regularize the services of the workmen

who have been in continuous employment for more than

six months.The Hon'ble Apex Court did not direct the

Government to regularize the services of the daily-rated

employees from the date of joining the service and the

Government was only directed to pay them the same salary

and allowances as are paid to regular and permanent

employees with effect from the date when they were

employed.

The Government issued Office Order dated 7.6.1988

Annexure-2 giving the guidelines in view of the

observations of the Hon'ble Apex Court for absorbing the

casual workers against regular post and again the

department issued directions for the regularization of the

services of eligible muster roll workers vide letter dated

25.8.1988 Annexure-A3. It is the definite case of the

respondent management that after following the guidelines

and instructions, the posts were created and on receipt of

the post; the service of the workman was regularized w.e.f.

16.3.1993. Thus, the department regularized the service of

the workman when the post was created and it is nowhere

the case of the workman that the post was existing on the

day he was initially appointed as Baildar i.e. 19.4.1984. The

workman has relied on a list of the employees prepared by

Horticulture Department as well as Annexure A11 and A12

vide which Sob Nath and Krishan Pal was granted

appointment to content that other employees were

regularized immediately after the pronouncement of the

judgment of Hon'ble Supreme Court but he was denied the

benefits for regularization of services w.e.f. 19.4.1984. Suffice

it to say that nothing has come on the file that present

workman is similarly placed as the employees find

mentioned in Annexure A10 or in Annexure A11 and A12

and therefore he cannot claim parity with them, as much as

there is nothing on the file that any post was existing on

the day i.e. 19.4.1984 when the workman is claiming

regularization of services. The case of Director General of

Works (supra) is not applicable as in that case the only

question involved was regarding the calculation of arrears

of pay etc. in pursuance of the judgment of Surinder Singh's

case (supra).

Thus, services were rightly regularized when the post

was sanctioned and the action of the management in not

regularizing services of workman w.e.f. 19.4.1984 is legal

and justified and he is not entitled to any relief. The

reference is accordingly answered against the workman.

Let hard and soft copy of the award be sent to the Central

Government for further necessary action.

KEWAL KRISHAN Presiding Officer.

ubZ fnYyh] 28 flrEcj] 2015

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U;k;ky; vklulksy ds iapkV ¼lanHkZ lañ 47@2005½ dks izdkf'kr

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New Delhi, the 28th September, 2015

S.O. 1903.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 47/2005) of

the Central Government Industrial Tribunal-Cum-Labour

Court, Asansol as shown in the Annexure in the Industrial

Dispute between the management of M/s Eastern Coalfields

Limited, and their workmen, received by the Central

Government on 28/09/2015.

[No. L 22012/259/2004-IR(CM-II)]

RAJENDER SINGH, Section Officer

3954

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, ASANSOL

PRESENT : Sri Pramod Kumar Mishra,

Presiding Officer

REFERENCE NO. 47 OF 2005

PARTIES: The management of Satgram Incline of M/s. ECL.

Vs.

Sri Arum Kumar Singh

REPRESENTATIVES:

For the management:

Shri P.K. Goswami Ld. Advocate

For the Union:

Shri G.P. Mal & M. Mukherjee,

(Workman)

Ld. Advocate

INDUSTRY: COAL

STATE: WEST BENGAL

Dated: 31.08.2015

AWARD

In exercise of powers conferred by clause (d) of Sub-

section 2(A) of Section 10 of the Industrial Disputes Act,

1947 (14 of 1947), Govt. of India through the Ministry of

Labour vide its letter No. L-22012/259/2004-IR(CM-II)

dated 05.07.2005 has been pleased to refer the following

dispute for adjudication by this Tribunal.

SCHEDULE

"Whether the action of management of Satgram

Incline of M/s. ECL in dismissing Sri A.K. Singh from

service vide order dated 08.03.2001 is legal and

justified? If not, to what relief he is entitled?

Having received the Order No. L-22012/259/2004-IR

(CM-II) dated 05.07.2005 of the above said reference from

the Govt. of India, Ministry of Labour New Delhi for

adjudication of the dispute, a reference case No. 47 of 2005

was registered on 17.08.2005 and accordingly an order to

that effect was passed to issue notices through the

registered post to the parties concerned directing them to

appear in the court on the date fixed and to file their written

statements along with the relevant documents and a list of

witnesses in support of their claims. In pursuance of the

said order notices by the registered post were sent to the

parties concerned.

The delinquent workman Sri Arun Kumar Singh has

stand in his written statement that he was appointed by

the erstwhile coal company in the year 1972. He was

promoted to the post of Assistant Loading Inspector in

the year 1998. He had been discharging his duties honestly

and diligently. While Sri Arun Kumar Singh was on duty as

an Asst. Loading Inspector at N.S. Coal Depot

on 05.01.1999, a team of Vigilance Department of ECL visited

the colliery and checked the Attendance Record vis-a-vis

physical availability at the coal depot of the loading

personnel. Due to availability of insufficient coal at the

dumping site, the workers were idle at the said coal depot,

which was a general phenomenon. Workers used to be

scattered and roaming here and there, sometimes, outside

the coal loading site and for this reason 17 loading

personnel, whose attendance were marked were not found

physically available at the Depot on the day of vigilance

inspection. The Loaders are all piece-rated employees and

they are paid at per with performing workload assigned to

each workman and therefore, as per existing practice. they

were being allowed attendance any time betweeen 8 AM to

2 PM. Their attendance was valid subject to performing

the assigned job depending upon the availability of coal

and transport as per rule. This point was categorically

explained to the vigilance team members of ECL. But, the

team members showed servere highhanded attitude and

forced Sri Arun Kumar Singh to sign on many papers which

were written in English which hardly have any material

value in the eyes of law. Subsequently, the biased Agent of

the colliery transferred Sri Arun Kumar Singh to some

interior site to perform some inferior job just to humiliate

him and issued him charge sheets on alleged mis-conduct

which were replied by him in time suitably. But the

management decided to hold a domestic enquiry by an

Enquiry Officer. During the Enquiry the enquiry Officer

stressed on false and fabricated allegations against Sri Arun

Kumar Singh without giving him any opportunity to defend

the allegations and the principle of natural justice was

ignored. Due to biasness of the Enquity officer, Sri Arun

Kumar Singh the delinquent employee could not rely upon

the fairness of the domestic enquiry and to have more

protection against the ill-motive of both Enquiry officer

and management in concerted manner, in very helpless

situation Sri Singh took the shelter of Civil Court for

intervention and justice. The Learned Court granted stay

order. But finally the stay order was vacated by ECL. The

Enquiry Officer appointed by Satgram Area of ECL was not

fair in conducting the enquiry and he did not offer lawful

opportunity to Sri Arun Kumar Singh to defend the

wrongful allegations brought against him by the

management in the form of a charge-sheet. The enquiry

officer conducted the enquiry based on sheer assumption

unsupported with correct fact and figure as per his whim

and perhaps submitted a fabricated enquiry report to the

Disciplinary Authority. The Discipllinary authory/General

Manager, Satgram Area Vide his Office Order No. SAT/

GM/PER/E/2000/1091© dated 9.2.2001 dismissed the

workman Sri Arun Kumar Singh from service Sri Arun Kumar

Singh has stated that the order of dismissal passed by the

Disciplinary Authority i.e. General Manager, Satgram Area

is entirely illegal, mis-appropriate, vitiated and biased

because of utter violation of natural justice. The Order of

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3955

dismissal was based on ex-parte enquiry in which the

workman was not granted any opportunity to defend the

charges leveled against him and to cross examine the

witnesses produced by the management. All the 17 workers

found absent at the time of checking by the vigilance team

(being idle for non availability of sufficient coal) had

reported for their respective duties at 8 AM in the morning

and were granted attendance in the morning as per rule

and practice prevalent in the said colliery. In this mine, the

loading personnel I are allowed to attend duties any time

between 8 AM to 2 PM as they were piece-rated workers

and paid on the basis of quantum of work done on

availability of loading items. They were given attendance

for this reason. Columns are also kept blank for allowing

their attendance as and when they may come upto 2 PM

subject to performing their assigned work. The workman

has prayed to set-a-side the order of dismissal passed by

the General Manager, Satgram Area again Sri Arun Kumar

Singh and also prayed to pass order of re-instatement in

the service to the post of Asst. Loading Inspector with full

back wages with effect from 08.03.2001.

Management has stated in their written statement

the reference is not tenable. The workman concerned is in

the habit of manipulating the attendance of the loading

personnel of MS colliery, one of the units of the

Management of ECL and as a result he has gained illegally

which amounts to huge wrongful financial loss to the

Company. On 06.02.1999 when Sri Arun Kumar Singh was

on duty at MS coal Depot at Vigilance Team of ECL

Company, visited the colliery and inspected the attendance

in Form-E Register and compared the same with Form B

Register and it was established on record that attendance

of 17 persons were booked falsely and as such Sri Arun

Kumar Singh was issued with a charge sheet. The workman

concerned challenged the charge sheet in Civil Court and

prayed for injunction restraining the management to act

further with the charge sheet. The management as per the

order of the learned Court kept the proceeding of the charge

sheet in abeyance. Subsequently when the Injuction was

vacated by the learned court the management proceeded

the enquiry against Sri Arun Kumar Singh ex-parte as he

did not pay any hid to the notice of enquiry given to him

by the Enquiry Officer. The Enqury Officer in the report of

the enquiry proved the charges leveled against the workman

Sri Arun Kumar Singh, considering the gravity of the mis-

conduct grave and serious, the Disciplinary Authority

issued the order of dismissal. The workman challenged the

order of dismissal in Kolkata High Court which was rejected

by Hon'ble Kolkata High Court to take shelter in proper

forum. Rest of the allegations of the workman has been

denied. The management has stated that the workman is

not entitled to any relief.

The workman has stated in his rejoinder/written

statement that the reference is maintainable under section

10(a)(d) of ID Act read with Section 2 A. Further he has

stated that he had always been present before the enquiry

officer excepting on 06.09.2001 as on the same day, there

was a date of Civil Suit also. Therefore, on 04.09.2001 at

11 a.m. the workman Sri Arum Kumar Singh had requested

the Enquity Officer in writing to postpone the enquiry on

06.09.2001. But the Enquiry Officer did not adjourn the

proceedings of the enquiry. The Enquiry Officer conducted

the enquiry ex-parte in absence of delinquent workman

without giving him opportunity to defend himself during

proceeding of the enquiry. A copy of the enquiry report

only was sent to the workman by special messenger without

enclosing therewith the connected papers submitted during

enquiry proceedings, advising him to make representation

if any against the same if the so desire. The workman Sri

Arum Kumar Singh subsequently raised his objection

against the dismissal order of GM, Satgram Area and

requested for supplying him the copies of supporting

documents, on the basis of which the enquiry report was

concluded ex-parte by the enquiry officer so that he can

make necessary representation against the unlawful and

fabricated enquiry proceedings and the order of dismissal

passed against him. But the same was not supplied to him

nor the workman was given any response to his application.

The enquiry officer had not examined any of the workmen

who were marked absent on the fateful day nor he had

examined the records pertaining to payment of wages on

06.01.1999 of the concerned 17 workmen. As the workman

who had reported in late had been paid wages

proportionately as per quantity of work done. The enquiry,

therefore, was not fair and proper. It is a fully vitiated

enquiry. The punishment was awarded based on improper

enquiry proceedings. The delinquent workman was not

given any opportunity to participate inthe enquiry and the

entire proceeding was completed within a day with much

hurriedness in most unlawful manner. Sri Arun Kumar Singh

has been denied the principle of natural justice.

The workman has filed several documentary

evidences as given below:

(1) Xerox Copy of the letter dated 15.01.1999 marked

W-III, (2) Xerox copy of the statement of workman Arun

Kumar Singh given to G.M., Vigilance, (3) Xerox copy of

the reply of the charge sheet given by the workman dated

25.01.1999, (4) Xerox copy of the charge sheet dated

14.01.1999, (5) Xerox copy of the reply to the charge sheet

dated 18.01.1999, (6) Xerox Copy of the notice of enquiry

dated 25.02.1999, (7) Xerox Copy of the order of reinstanting

the workman dated 05.03.1999, (8) Xerox Copy of the

workman's application dated 16.04.1999, (9) Copy of office

order of Agent, Satgram Project dated 07.01.1999, (10) Xerox

Copy of the charge sheet dated 14.01.1999, (11) Copy of

enquiry notice dated 25.02.1999, (12) Copy of letter issued

to Sri Arun Kumar Singh dated 04.03.1999, (13) Copy of

letter issued to Agent, Satgram Project dated 05.03.1999,

3956

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

(14) Xerox Copy of the enquiry notice dated 12.4.1999, (15)

Copy of letter dated 16.04.1999 asking copy of document

from E.O., (16) Copy of reply of E.O. dated 15.05.1999, (17)

Copy of letter of Sri Arun Kumar Singh dated 18.05.1999

asking copy of documents from E.O., (18) Copy of

documents dated 04.09.1999 asking adjournment of hearing

dated 06.09.1999, (19) Certified copy of TS 49/99 fixing next

date on 06.09.2000, (20) Copy of letter of Sri Arun Kumar

Singh dated 23.09.2000, (21) Copy of letter dated 1.3.2001

issued by the G.M., Satgram Area, (22) Copy of letter dated

05.03.2001, 07.03.2001 and 08.03.2001.

The workman has filed affidavit in his oral evidence.

The workman has been cross examined by the management.

The management has not filed any documentary or oral

evidence.

I have heard the argument of Sri Monoj Mukherjee,

learned Advocate attended on behalf of the workman. I

have also heard the argument of Sri Pijus Kanti Goswami,

learned Advocate attended on behalf of the management.

The workman has also filed written argument.

Sri Pijus Kanti Goswami, Learned Advocate, appeared

on behalf of the management argued that the dismissed

workman Sri Arun Kumar Singh manipulated the attendance

record of 17 loading personnel. The Vigilance Team of ECL

Company did not find presence of any workman out of the

said 17 persons. The attendance of all such absentees was

marked as 'A' (which means Absent) by the vigilance team

members but later on by adding letter 'M' with 'A'it was

made 'A.M.' figure number '8' was added to make it a 8 A.M.

which amounts to manipulation of the records. He has done

this serious offence for his personal gain which amounts

of mis-conduct of very serious nature as per the Model

Standing Order applicable to the delinquent workman. For

this misconduct the workman was charge sheeted and

subsequently dismissed after proper enquiry. The order of

punishment is just and reasonable.

On the other hand, Sri Monoj Mukherjee, Learned

Advocate of the delinquent workman has argued that this

punishment is harsh, illegal and an glaring act of injustice

to the delinquent workman. On the day of the enquiry there

was a date fixed of Civil Suit and the delinquent workman

was asked to attend civil court on the same date and time.

As such, Sri Arun Kumar Singh, the Delinquent workman

had requested the Enquiry officer to postpone the date of

enquiry on 06.09.2001 by submitting application on

04.09.2001 but his same request was rejected by the Enquiry

officer without any intimation to the delinquent workman.

In written argument the Learned Advocate Sri Mukherjee

contended that the enquiry officer was biased and partial.

Copy of the enquiry report along with other relevant papers

were not supplied to the workman in spite of his written

request. He was denied opportunity to avail assistance of

a Lawyer. He was not given any opportunity to represent

against the enquiry report.

It is an admitted fact that the delinquent employee

Sri Arun Kumar Singh was an employee of ECL Company

since 1972 before dismissal. It is also an admitted fact that

while the delinquent workman was on duty on 06.01.1999

as Asst. Loading Inspector a Vigilance Team of ECL, made

a surprise check at the colliery. The allegation that he had

illegally managed the attendance of 17 persons for his

wrongful gain and to cause wrongful loss of ECL. Company

has already been denied by the concerned workman.

At the very outset it ought to be considered whether

denial by management for assistance of Lawyer to workman

caused his prejudice. Now question arises whether the

delinquent was entitled for assistance of a Lawyer in a

Departmental Enquiry? Domestic enquiries are of simple

nature where the person appointed as Enquiry Officer is

generally not a Lawyer. In other words, the Enquiry Officer

holds the enquiry without being influenced by procedural

Juggernaut and hear the delinquent employee in person

and in such an informal enquiry a delinquent workman

best be able to defend himself. Rules and natural justice do

not postulate that the workman should be assisted by a

Lawyer. As such in the domestic enquiry the delinquent

has no right to take assistance of a Lawyer.

Hon'ble apex court in Brook Bond (I) Ltd. V/s. Subba

Raman (1961) 2 L.L.J. 417 held that the refusal by the

enquiry officer to allow a workman to be represented by a

lawyer or an outsider, do not vitiate the enquiry.

The workman has stated in his Affidavit that he

deined the charges leveled against him by submitting

written show cause. He was asked by Enquiry Officer to

appear before him on 16.04.1999 in connection with the

said enquiry. In persuasion with the said notice he made a

representation dated 16.04.1999 for supply of copies of

certain documents which are essential for his defence. But

he was refused to supply the same on the plea that enquiry

was still being commenced. The delinquent workman has

also stated that on 18.05.1999 he again requested the

Enquiry officer to supply him the copies of the said

documents which are essential for his defence but neither

those were supplied to him nor he was given any reply. He

was given a notice on 03.09.2000 to appear before an

enquiry on 06.09.2000 at 11 a.m. The delinquent employee

made written request to the Enquiry officer on 04.09.2000

to defer the same to some other date as he was to appear in

Learned Civil Court on 06.09.2000 but the enquiry officer

did not consider his request to adjourn the proposed

enquiry on 06.09.2000 and completed the enquiry on the

same day itself ex-parte. This type o enquiry and evidences

are vitiated and bad in the eyes of law. All the enquiry was

completed in a single day. The delinquent employees was

not given any opportunity to defend. Even he was not

allowed to represent against the show cause letter submitted

[Hkkx II—[k.M 3 (ii)]

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3957

by him against the order of punishment. He was also not

supplied with the copies of documents for making

representation before passing order of punishment.

As per enquiry report, it appears that workman was

guilty of misconduct. The delinquent has manipulated the

attendance of workman, for his wrongful gain, which has

been deducted by vigilance team.

It appears from records the delinquent employee was

issued with two charge sheets. One charge sheet dated 08/

09.01.1999 and another on 14.01.1999. The delinquent

employee replied both the charge-sheets. Copies of reply

as submitted by him were filed. After framing charge against

the delinquent employee Sri Arun Kumar Singh, the

delinquent employee requested the Enquiry Officer vide

his letter dated 16.04.1999 and 18.05.1999 to supply him

copies of documents. The required documents are

mentioned in the letter dated 16.04.1999 and 18.05.1999.

But it is evident from records that the delinquent workman

was not supplied those documents to enable him to defend

before enquiry.

Hon'ble Karnataka High Court in GR Venkateshwara

Reddy V/s Karnataka State Road Transport Corpn. Has

laid down the following requirements of reasonable

procedure.

(a) The employee shall be informed of the exact

charges which he is called upon to meet;

(b) he should be given an opportunity to explain any

material relied on by the management to prove the charges;

(c) the evidence of the management witness should

be recorded in the presence of the delinquent employee

and he should be given an opportunity to cross-examine

such witnesses;

(d) the delinquent employee shall either be furnished

with copies of the documents relied on by the management

or be permitted to have adequate inspection of the

documents relied on by the management.

(e) the delinquent employee should be given the

opportunity to produce relevant evidence—both

documentary and oral which include the right to examine

self and other witnesses; and to call for relevant and material

documents in the custody of the employer;

(f) whenever the inquiring authority is different from

disciplinary authority, the delinquent employee shall be

furnished with a copy of the inquiry report and be permitted

to make a presentation to the disciplinary authority against

the findings recorded in the inquiry report.

Reasonable opportunity means not only framing

charges and asking for explanation but much more. The

employee must be appraised of the materials on which the

charges were framed so that he could have a proper

opportunity of testing or challenging of materials so far as

it would be possible for him. Though the technical rules of

procedure and evidences do not apply to domestic

enquiries, but the rules of natural justice require when a

fact is sought to be proved, before a tribunal it must be

supported by the statement made in presence of the person

against whom the enquiry is held and if a statement is

made at his back it ought not to be treated as substantive

evidence. "Therefore all the evidences against the person

concerned should be taken in his presence and he should

be given an adequate opportunity of cross-examining the

witnesses giving evidence against him. And no material

should be relied upon against him without his being given

an opportunity of explaining it. The delinquent workman

should further be given the opportunity of questioning

the witnesses after knowing in full what they have to state

against him. The witnesses on whom the employer relies

should generally be examined in presence of the delinquent

workman and he must also be informed the materials sought

to be used against him and given an opportunity to explain

it.

It is elementary principle that a person who is required

to answer a charge must know not only the accusation but

also the testimony by which the accusation is supported.

He must be given a fair chance to hear the evidence in

support of the charge and to put such relevant question

by way of cross-examination as he desires. Then he must

be given a chance to rebut the evidence led against him.

This is the barest requirement of an inquiry can be accpeted.

Management ought to have supplied the copies,

desired by delinquent, to defend the allegations during

enquiry proceeding and after issuing show cause notice. If

the documents are voluminous and cannot be supplied to

him an opportunity has to be given to him to come and

personally inspect the concerned documents. Failure on

the part of the management to supply copies of such

document is to be considered as violation of principle of

natural justice . Furthermore, if the documents are demanded

by the delinquent employee for his defence are available in

the custody of the management, then the delinquent

employee either be summoned to personally go through

the same or to obtain copies on payment of cost. It is

apparent that in this case the copies of documents

requisitioned by the delinquent employee were not

supplied by the management to the concerned persons for

his defence. The enquiry was conducted on 06.09.2001.

The delinquent employee has made written request to

Enquiry officer to postpone the said enquiry on 04.09.2001

i.e. two days before the date of the enquiry. From perusal

of the enquiry report it appears that before 06.09.2001 other

dates were fixed for conducting enquiry by the Enquiry

Officer but it was turned down as the delinquent had not

filed any documents which may show that he was required

to appear before Learned Civil Court. Even if it is accepted,

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THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

he was to appear in Civil Court for the civil suit, then it is

relevant to note that it may not be necessary to appear in

person in a civil case normally and it can be represented by

the Advocate concerned on behalf of the client. But

appearance of the delinquent employee in departmental

proceedings was more essential. It appears the delinquent

employee deliberately did not appear before the Enquiry

Officer. Even if the Enquiry Officer conducted ex-parte

enquiry against the delinquent workman he should have

been given the opportunity to put his defence. On perusal

of the enquiry report dated 29.09.2001 it appears that whole

enquiry was completed in one day on 06.09.2001 without

participation of the delinquent employee which amounts

to an act of denial of natural justice on the part of the

management. The delinquent employee was served Show-

Cause Notice No. GM/JNR/c/816 dated 01.03.2001 by

Registered AD post. In this notice it is mentioned that

"The reply should reach this office within 72 hours of receipt

of this letter failing which it will be presumed that you have

no explanation to offer and the management shall dispose

of the case as deemed fit without further reference to you".

On receipt of this letter on 05.03.2001, the delinquent

workman requested the General Manager, Satgram Area by

his letter dated 07.03.2001 to supply him copies of some

documents so that suitable reply to the Show-cause, may

be sent. But the management did not hear to supply copies

of those documents which were required by the delinquent

workman. On 08.07.2001 the General Manager, Satgram Area

passed the dismissal Order vide letter Ref. No. 1091 dated

08.09.2001.

Imposing punishment is the last stage in the

disciplinary action proceedings against a workman. This

stage commences after the disciplinary authority has

received the report of the Enquiry Officer, issued a show-

cause notice to the delinquent workman, if any and has

received his response to such notice. Upon considering

the gravity of the misconduct, and the extenuating

circumstances, if any, and also any other factor that may

be relevant in the fact and circumstances of the case, the

disciplinary authority has to decide the quantum of

punishment that may be imposed on the delinquent.

The charges were brought under Section 17 of the

Model Standing Order which amounts to commitment of

theft, fraud, dishonesty in connection with the employer's

business property, and willful damage to the property of

the Employer. Though the delinquent is guilty of

misconduct, but before passing order of punishment the

compliance of natural justice was necessary on the basis

of enquiry proceedings based on wrong material fact,

evidences and circumstances the dismissal order passed

by the disciplinary authority, it is evident that the workman

has been dismissed from service without complying the

principle of natural justice. Rather the order of dismissal

has been passed in utter violation of principle of natural

justice. The delinquent workman has never been granted

any opportunity to defend the case in his support.

In view of the facts as above I think it just and proper

to modify and substitute the impinged order of punishment

by exercising power under Section 11A of Industrial Dispute

Act 1947.

The delinquent workman Sri Arun Kumar Singh if

not reached the age of superannuation shall be reinstated

in service from 08.03.2001. But as a measure of punishment

he will be reinstated with demotion in the lowest post and

category in which he was initially appointed in the year

1972. He will not get any type of remuneration excepting

25% of the actual billing amount without any incremental

or any other benefits till his reinstatement. If he has reached

the age of superannuation, before passing of the Award,

he will get 25% of remuneration (as back wages) till date of

superannuation, with all pensionary benefits. This must

be complied with immediate effect.

ORDER

Let an "Award" be and the same is passed as per

above discussion. Send the copies of the order to the Govt.

of India, Ministry of Labour, New Delhi for information and

needful. The reference is accordingly disposed of.

PRAMOD KUMAR MISHRA, Presiding Officer

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dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj chlhlh,y ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k@Je

U;k;ky;] uañ 1 /kuckn ds iapkV ¼lanHkZ la[;k 60@2006½ dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 28-09-2015 dks izkIr gqvk Fkk A

[lañ ,y&20012@175@2005&vkbZvkj¼lh,e&1½]

,eñ dsñ flag] vuqHkkx vfèdkjh

New Delhi, the 28th September, 2015

S.O. 1904.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 60/2006)

of the Central Government Industrial Tribunal-Cum-Labour

Court No. 1 Dhanbad as shown in the Annexure in the

Industrial Dispute between the management of M/s. BCCL

and their workman, received by the Central Government on

28.09.2015.

[No. L-20012/175/2005-IR(CM-I)]

M. K. SINGH, Section Officer

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3959

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of

I.D. Act. 1947

Reference No. 60 of 2006

Employer in relation to the management of

P.B. Area, M/S. BCCL

And

Their workman

Present: SRI R.K. SARAN,

Presiding Officer

Appearances:

For the Employers:—Shree D.K. Verma, Advocate.

For the Workman:—Shree R. Ranjan, Advocate

State :—Jharkhand.

Industry : Coal.

Dated: 28-8-2015

AWARD

By order No.-L-20012/175/2005 IR-(CM-1), dated.

01/06/2005, the Central Govt. in the Ministry of Labour

has, in exercise of powers conferred by clause (d) of

Sub-Section (1) and Sub-Section (2A) of Section 10 of the

Industrial Disputes Act, 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Balihari

Colliery of M/S. BCCL in not providing employment

to Shri Raj Kumar the dependent son of Late Bhikhari

Mahato is justified? If not to what relief is the said

dependent of Late Bhikhari Mahato entitled?"

2. The case is received from the Ministry of Labour

on 03.07.2006. After receipt of reference, both parties are

noticed. But after long delay the workman files their written

statement on 06.12.2012. The management files their written

statement-cum-rejoinder on 30.10.2013. One witness

examined on behalf of the workman and document marked

as W-1 to W-12.

3. The case of the workman that the deceased

employee Late Bhikhari Mahato suffering from desease

and was under the treatment of Medical Officer of BCCL

and during the treatment he was referred to AIMS, New

Delhi. He was declared hundred per cent visually disable

in the year 2000, thereafter he died on 23.01.2002. Sri Raj

Kumar S/O Late Bhikhari Mahato is claiming for

employment in BCCL under the provision of NCWA.

4. The case of the management that according to

clause IV of 9.4.0 of NCWA, the dependant to be considered

for employment should be physically fit and suitable for

employment and aged not more than 35 years. After

application of Sri Raj Kumar, he was referred to Medical

Board but Sri Raj Kumar is not medically fit for any

employment in mine for color blindness in examination of

Medical Board. Hence his request for employment was

regretted.

5. The applicant has sought for job as a dependant

employee. His case was checked and he was sent for medical

Board and as it is learnt that the workman found unfit,

suffering from colour blindness, his claim was regretted.

6. The Counsel for the management submitted that,

the colour blindness is a disqqualification in BCCL. But

the workman counsel submitted that, colour blindness

person are still working in BCCL, hence the workman be

ordered to be taken.

7. As per letter No. BCCL/GM/(P)co-Ord&IMP/2013/

3741-59 dated 12.08.2013 marked as Ext, W-1, 10 persons

are in the year 2012-13 and 07 persons are in 13-14, provided

employment having same infirmities.

8. What ever it may be, this Tribunal orders to re-

examine the workman and take him in job even in physically

handicapped quota, if the quota vacancy is there or

subsequently when occurs.

9. Considering the facts and circumstances of this

case, I hold that, the management to accommodate the

applicant in the BCCL, Since the workman has applied for

job since long, If possible take him in job under disabled

quota and place him suitably.

This is my award.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 28 flrEcj] 2015

dkñvkñ 1905.—vkS|ksfxd fookn vfèfu;e 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa dsUnzh; ljdkj chlhlh,y ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k@Je

U;k;ky;] uañ 1 /kuckn ds iapkV ¼lanHkZ la[;k 81@2014½ dks izdkf'kr

djrh gS tks dsUnzh; ljdkj dks 28-09-2015 dks izkIr gqvk Fkk A

[lañ ,y&20012@90@2014&vkbZvkj ¼lh&1½]

,eñ dsñ flag] vuqHkkx vfèdkjh

3960

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

New Delhi, the 28th September, 2015

S.O. 1905.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 81/2014)

of the Central Government Industrial Tribunal-Cum-Labour

Court No. 1 Dhanbad as shown in the Annexure, in the

Industrial Dispute between the management of M/s. BCCL

and their workmen, received by the Central Government on

28.09.2015.

[No. L-20012/90/2014-IR(C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of

I.D. Act, 1947

Reference No. 81 of 2014

Employer in relation to the management of E.J. Area,

M/S. BCCL

And

Their workman

Present: SRI R.K. SARAN,

Presiding Officer

Appearances:

For the Employers:—Sri U.N. Lall, Advocate.

For the Workman:—Sri S.K. Sinha, Advocate

State:—Jharkhand

Industry:Coal

Dated: 10-8-2015

AWARD

By order No.-L-20012/90/2014 IR-(C-1), dated.

03.09.2014, the Central Govt. in the Ministry of Labour has,

in exercise of powers conferred by clause (d) of Sub-Section

(1) and Sub-Section (2A) of Section 10 of the Industrial

Disputes Act. 1947, referred the following disputes for

adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of Patherdih

Colliery of M/S. BCCL in dismissing Sri Shambhu

Orang M/Loader from the service of the company

vide order dated 5/7.8.2006 is fair and justified? To

what relief the concerned workman is entitled to?"

2. The case is received from the Ministry of Labour

on 12.09.2014. After receipt of reference, both parties are

noticed. The workman files their written statement on

05.11.2014. And the management files thair written

statement-cum-rejoinder on 06.02.2015. Management's

document marked as M-1 to M-13.

3. The workman has been dismissed by the

management on the ground of continuous long absence.

The workman was posted under the management as Miner

loader which is Cat-V. But the workman took the plea that

due to his ill health he was unable to perform the work of

miner loader.

4. During preliminary hearing it is revealed that the

case is dismissal of workman for long absence on duty. But

he has already out of service since 09 years. It is felt to give

another chance to the workman to serve.

5. Considering the facts and circumstance of this

case, I hold that he be taken into job as category-I workman

as fresh employee and also to keep him as probation for a

period of two years in the interest of justice. Therefore the

question of back wages does not arise at all.

This is my award.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 28 flrEcj] 2015

dkñvkñ 1906.—vkS|ksfxd fookn vfèfu;e 1947 ¼1947

dk 14½ dh èkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj lhlh,y ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaè esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèdj.k@Je

U;k;ky;] uañ 1 /kuckn ds iapkV ¼lanHkZ la[;k 226@1994½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 28-09-2015 dks izkIr gqvk

Fkk

[lañ ,y&20012@189@1994&vkbZvkj ¼lh&1½]

,eñ dsñ flag] vuqHkkx vfèdkjh

New Delhi, the 28th September, 2015

S.O. 1906.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 226/

1994) of the Central Government Industrial Tribunal-Cum-

Labour Court No. 1, Dhanbad as shown in the Annexure,

in the Industrial Dispute between the management of M/s.

CCL and their workmen, received by the Central

Government on 28/09/2015.

[No. L-20012/189/1994-IR (C-I)]

M. K. SINGH, Section Officer

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3961

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of

I.D. Act, 1947

Reference No. 226/1994

Employer in relation to the management of Sarubera,

Colliery, M/S. CCL

And

Their workman

Present: SRI R.K. SARAN,

Presiding Officer

Appearances:

For the Employers:—Sri D.K. Verma, Advocate

For the Workman:—None

State : Jharkhand

Industry : Coal

Dated: 12-8-2015

AWARD

By order No.-L-20012/189/94/ IR(C-1) dated

31.08.1994, the Central Govt. in the Ministry of Labour has,

in exercise of the powers conferred by clause (d) of

Sub-Section (1) and Sub-Section (2A) of Section 10 of the

Industrial Disputes Act. 1947, referred the following

disputes for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Sarubera

Colliery P.O. Sarubera, Dist.-Hazaribagh of CCL in

terminating Shri Bhondu Mahto from the service of

the Company w.e.f. 31.3.92 is justified? If not to what

relief the workman is entitled?"

2. After receipt of the reference, both parties are

noticed. But appearing for certain dates none appears

subsequently. Case remain pending. It is felt that the

disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed.

Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 28 flrEcj] 2015

dkñvkñ 1907.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uañ 1] /kuckn ds iapkV ¼lanHkZ la[;k 215@1994½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 28-09-2015 dks izkIr gqvk FkkA

[lañ ,y&20012@337@1993&vkbZvkj ¼lh&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 28th September, 2015

S.O. 1907.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 215/

1994) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

No. 1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

28.09.2015.

[No. L-20012/337/1993-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1)(d)(2A) of

I.D. Act, 1947.

Reference : No. 215/1994

Employer in relation to the management of

Alkusha Colliery M/s. BCCL

And

Their workman

Present: SRI R.K. SARAN,

Presiding Officer

Appearances:

For the Employers : None

For the workman : None

State : Jharkhand

Industrey : Coal

Dated 12.8.2015

AWARD

By order No. L-20012/337/93/IR (C-I) dated 25.08.1994

the Central Government in the Ministry of Labour has, in

exercise of the powers conferred by clause (d) of sub-

section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute

for adjudication to this Tribunal:

3962

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

SCHEDULE

"Whether the action of the management of Alkusha

Colliery under Kustore Area No. VIII P.O. Kustore,

Dist-Dhanbad in not accepting the date of birth

recorded in the winding Engine Operator's certificate

of Shri Babu Ram Mushar as 20.4.42 is justified? If

not, what relief the workman entitled?"

2. After receipt of the reference, both parties are

noticed. But appearing for certain dates none appears

subsequently. Case remain pending. It is felt that the

disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed.

Communicate.

R.K. SARAN, Presiding Officer.

ubZ fnYyh] 28 flrEcj] 2015

dkñvkñ 1908.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uañ 1] /kuckn ds iapkV ¼lanHkZ la[;k 111@1994½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 28@09@2015 dks izkIr gqvk

FkkA

[lañ ,y&20012@116@1993&vkbZvkj ¼lh&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 28th September, 2015

S.O. 1908.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 111/

1994) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

No. 1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

28/09/2015.

[No. L-20012/116/1993-IR (C-I)

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1)(d)(2A) of

I.D. Act, 1947.

Reference: No. 111/1994

Employer in relation to the management of

Bhowra (N) OCP, M/s BCCL

AND

Their workman

Present : SRI R.K. SARAN,

Presiding Officer

Appearances:

For the Employers : None

For the workman : None

State : Jharkhand

Industry-Coal

Dated 11/8/2015

AWARD

By order No. L-20012/116/93/IR (C-I) dated

28/04/1994 the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

(d) of sub-section (1) and sub-section (2A) of section 10 of

the Industrial Disputes Act, 1947 referred the following

dispute for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Bhowra

(N) OCP of M/s BCCL in not giving promotion to

Grade "B" to Sh. Deb Prasad Hazra EP Electrician is

justified? If not, what relief is the Concerned workman

entitled to?"

2. After receipt of the reference, both parties are

noticed. But appearing for certain dates none appears

subsequently. Case remain pending. It is felt that the

disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed

Communicate.

R.K. SARAN, Presiding Officer.

ubZ fnYyh] 28 flrEcj] 2015

dkñvkñ 1909.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uañ 1] /kuckn ds iapkV ¼lanHkZ la[;k 119@1994½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 28@09@2015 dks izkIr gqvk FkkA

[lañ ,y&20012@184@1993&vkbZñvkjñ ¼lh&1½]

,eñdsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 28th September, 2015

S.O. 1909.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 119/

1994) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3963

No. 1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

28.09.2015.

[No. L-20012/184/1993-IR (C-I)

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1)(d)(2A) of

I.D. Act, 1947.

Reference: No. 119/1994

Employer in relation to the management of

Murulidih Colliery, M/s BCCL

AND

Their workman

Present: SRI R.K. SARAN,

Presiding Officer

Appearances:

For the Employers : None

For the workman : None

State : Jharkhand

Industry : Coal

Dated 10.8.2015

AWARD

By order No. L-20012/184/93/IR (C-I) dated 11/05/

1994 the Central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of

sub-section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute

for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of 20/21

Pits, Murulidih Colliery of M/s BCCL, P.O-Mahuda,

Dt-Dhanbad in denying to refer Sh. Ahmad Hussain

M/Loader to the Apex Medical Board for assessment

of his age is justified? If not, to what relief is the

concerned workman entitled?"

2. After receipt of the reference, both parties are

noticed. But appearing for certain dates none appears

subsequently. Case remain pending. It is felt that the

disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed.

Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 28 flrEcj] 2015

dkñvkñ 1910.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uañ 1] /kuckn ds iapkV ¼lanHkZ la[;k 214@1994½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 28-09-2015 dks izkIr

gqvk FkkA

[lañ ,y&20012@340@1993&vkbZvkj ¼lh&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 28th September, 2015

S.O. 1910.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 214/

1994) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

No. 1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

28.09.2015.

[No. L-20012/340/1993-IR (C-I)

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1)(d)(2A) of

I.D. Act, 1947

Reference: No. 214/1994

Employer in relation to the management of

Jealgora Colliery, M/s. BCCL

AND

Their workman

Present: SRI R.K. SARAN,

Presiding Officer

Appearances:

For the Employers : Sri U. N. Lall, Advocate

For the workman : None

State : Jharkhand

Industry : Coal

Dated 7.8.2015

3964

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

AWARD

By order No. L-20012/340/93/IR (C-I) dated 28.04.1994

the Central Government in the Ministry of Labour has, in

exercise of the powers conferred by clause (d) of sub-

section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute

for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Jealgora

Colliery of M/s. Bharat CokingCoal Ltd., in denying

regularization to Shri Chandeshwar Sahu, Fitter helper

Grade "E" as Fitter in excavation grade "B" w.e.f.

1988 is justified? If not to what relief the concerned

workman is entitled?"

2. After receipt of the reference, both parties are

noticed. But appearing for certain dates none appears

subsequently. Case remain pending. It is felt that the

disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed

Communicate.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 28 flrEcj] 2015

dkñvkñ 1911.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uañ 1] /kuckn ds iapkV ¼lanHkZ la[;k 256@1994½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 28@09@2015 dks izkIr

gqvk FkkA

[lañ ,y&20012@325&ch@1993&vkbZvkj ¼lh&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 28th September, 2015

S.O. 1911.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 256/

1994) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

No. 1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

28.09.2015.

[No. L-20012/325-B/1993-IR (C-I)

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1)(d)(2A) of

I.D. Act, 1947.

Reference: No. 256/1994

Employer in relation to the management of

Kenduadih Colliery, M/s BCCL

AND

Their workman

Present: SRI R.K. SARAN,

Presiding Officer

Appearances:

For the Employers : Shri N.M. Kumar, Advocate

For the workman : None

State : Jharkhand

Industry : Coal

Dated 18/8/2015

AWARD

By order No. L-20012/325-B/93/IR (C-I) dated 09/11/

1994 the central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of

sub-section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute

for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management in not

treating the date of Birth of Sri Abdul Sattar as

15.10.38 is justified? If not, what relief the workman

is entitled for?"

2. After receipt of the reference, both parties are

noticed. But appearing for certain dates none appears

subsequently. Case remain pending. It is felt that the

disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed

Communicate.

R. K. SARAN, Presiding Officer

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3965

ubZ fnYyh] 28 flrEcj] 2015

dkñ vkñ 1912.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uañ 1] /kuckn ds iapkV ¼lanHkZ la[;k 110@1994½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 28@09@2015 dks izkIr gqvk

FkkA

[lañ ,y&20012@132@1993&vkbZvkj ¼lh&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 28th September, 2015

S.O. 1912.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 110/

1994) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

No. 1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

28.09.2015.

[No. L-20012/132/1993-IR (C-I)]

M. K. SINGH, Section officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10 (1) (d) (2A) of I.D.

Act, 1947

Reference: No. 110/1994

Employer in relation to the management of Bhowra (N)

OCP, M/S. BCCL

AND

Their workman

Present: Sri R.K. Saran,

Presiding Officer

Appearances:

For the Employers : None

For the workman : None

State : Jharkhand

: Industry : Coal

Dated 10.8.2015

AWARD

By order No. L-20012/132/93/IR (C-I) dated 28.04.1994

the Central Government in the Ministry of Labour has, in

exercise of the powers conferred by clause (d) of

sub-section (1) and sub-section (2A) of section 10 of the

Industrial Disputes Act, 1947 referred the following dispute

for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Bhowra

(N) OCP of M/s. BCCL in denying of Grade "B" to

S/Sh Ruplal and Brij Lal EP Fitter from 1986 is justified?

If not, what relief are the above workmen entitled to?"

2. After receipt of the referene, both parties are

noticed. But appearing for certain dates none appears

subsequently. Case remain pending. If is felt that the

disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed.

Communicate.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 28 flrEcj] 2015

dkñ vkñ 1913.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uañ 1] /kuckn ds iapkV ¼lanHkZ la[;k 118@1994½ dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 28-09-2015 dks izkIr gqvk FkkA

[lañ ,y&20012@135@1993&vkbZvkj ¼lh&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 28th September, 2015

S.O. 1913.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 118/

1994) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

No. 1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on 28.09.2015.

[No. L-20012/135/1993-IR (C-I]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10 (1) (d) (2A) of I.D.

Act, 1947

Reference: No. 118/1994

Employer in relation to the management of Bhowra (N)

OCP, M/S. BCCL

AND

Their workman

Present : Sri R.K. Saran,

Presiding Officer

Appearances:

For the Employers

:

None

For the workman

:

None

State

:

Jharkhand.

State : Jharkhand

:

Industry : Coal

Dated 19.8.2015

3966

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

AWARD

By order No. L-20012/135/93/IR (C-I) dated

06-04-1994 the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause

(d) of sub-section (1) and sub-section (2A) of section 10 of

the Industrial Disputes Act, 1947 referred the following

dispute for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Bhowra

(N) OCP of M/s. BCCL in not granting Excavation

Grade "B" to scale in favour of the workman Ram

Kisun Dusadh from 25/05/88 is justified? If not, what

relief is the workman entitled to?"

2. After receipt of the reference, both parties are

noticed. But appearing for certain dates none appears

subsequently. Case remain pending. It is felt that the

disputes between the parties have been resolved in the

meantime. Hence No Dispute Award is passed.

Communicate.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 29 flrEcj] 2015

dkñvkñ 1914.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj iatkc uS'kuy

cSad ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp]

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k@Je U;k;ky;] dksydkrk ds iapkV ¼lanHkZ la[;k 07@2005½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 29-09-2015 dks izkIr

gqvk FkkA

[lañ ,y&12011@122@2004&vkbZvkj ¼chñ&II½]

uohu diwj] voj lfpo

New Delhi the 29th September, 2015

S.O. 1914.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 07/2005)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Kolkata as shown in the Annexure, in the industrial dispute

between the management of Punjab National Bank and

their workmen, received by the Central Government on

29.09.2015.

[No. L-12011/122/2004-IR (B-II]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT KOLKATA

Reference: No. 07/2005

Parties: Employers in relation to the management of

Punjab National Bank

AND

Their Workmen

Present : Justice Dipak Saha Ray,

Presiding Officer

Appearance:

On behalf of the Management

: None

On behalf of the Workmen : Mr. D.N. Lahiri, authorized

representative for PNB

Employees' Union (W.B.),

sponsoring union.

Mr. Chiranjit Bhattacharyya,

Ld. Counsel for PNB

Progressive Employees Union

(W.B.), added party.

State: West Bengal

Indsutry: Banking

Dated: 15th September, 2015

AWARD

By order No. L-12011/122/2004/IR (B-II) dated

21-12-2004 the Government of India Ministry of Labour in

exercise of its powers under Section 10(1) (d) and (2A) of

the industrial Disputes Act, 1947 referred the following

dispute to this Tribunal for adjudiction:

"Whether the action of the management of Punjab

National Bank, S.R.M.O. Kolkata to determine the

seniority of the erstwhile New Bank of India

Employees in the matter of posting in the post

carrying special allowance, promotion etc. is violative

to the provisions of the settlement as circulated vide

circular No. 1569 dated 6th February, 1997 as also

the placement Scheme dt. 08.12.1993 or not? If yes,

what remedy the workmen are entitled to?"

2. Bereft of all unnecessary details, the case of the

sponsoring union is as follows:

New Bank of India was amalgamated with Punjab

National Bank by a Govt. notification dated 04.09.1993 called

the New Bank of India (Amalgamation and Transfer of

Undertaking) Scheme, 1993 and accordingly all the

employees of erstwhile New Bank of India (hereinafter

referred to as Transferor Bank) became the employees of

the Punjab National Bank (hereinafter referred to as the

Transferee Bank). On 08.12.1993 the Govt. of India in

consultation with the Reserve Bank of India prepared

scheme called the New Bank of India [Determination of

Placement of Employee (officers and workmen) of New Bank

of India in Punjab National Bank] (hereinafter referred to as

Placement Scheme).

3. The said Placement Scheme dated 08.12.1993 was

challenged before different High Courts and ultimately the

Hon'ble Supreme Court had been pleased to uphold the

placement scheme. It is alleged that at the time of

preparation of the priority list of clerical staff for their

selection to the posts carrying special allowances/pay, the

management was giving one mark for each completed year

of service violating the terms of the placement scheme;

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3967

because as per of the said scheme completed months of

services were also required to be considered for counting

the length of service. For such unjust activities of the

management industrial dispute was raised by the union.

Hence this reference.

4. During pendency of this referene case, the

aggrieved employees formed a separate union under the

name and style Punjab National Bank Progressive

Employees' Union (WB) and that union had been added as

party in this case.

5. This added union in its statement of claim has

stated that as per Clause 4(a)(iii) of the Placement Scheme,

the computation of years of service rendered by the

employees of the Transferor Bank is to be considered only

for the purpose of determining the minimum length of

service for promotion from one cadre to another and also

for the purpose of posting in the posts carrying special

allowance. But the management in order to deprive the

employees of the Transferor Bank, is deliberately misinter

preting the said placement Scheme and the ratio of 2:1

which is only applicable for determination of the minimum

length of service for promotion, is being applied in all other

respects including determination of seniority and for

preparation of priority list. Accordingly it is prayed that

the management may be directed to follow the placement

Scheme in its true sense and spirit by applying the ratio 2:1

only for the purpose of determining the minimum length of

service for promotion from one cadre to another and for

the purpose of posting in the posts carrying special

allowances.

6. The management has contested the case by filing

written statement contending inter alia that at the time of

preparation of the priority list for determination of seniority,

the management/Bank followed the terms of settlement as

well as the norms of the placement scheme in respect of the

employees of the Trnasfer or Bank. The years of service

had been appropriately reduced as per the norms of that

scheme and the reduced seniority had been added to the

actual service rendered in the Transferee Bank for

calculation of priority marks. It is also contended that only

for the purpose of calculating priority marks/seniority, the

dates of appointment were shifted in the priority list only

to reflect reduced length of service in repect of the

employees of the Transferor Bank by following 2:1 ratio

and that the shifting of such date of appointment did not

actually any change in the date of appointment in the Bank.

It is further contended that on the basis of agreements

dated 01.11.1988, 30.01.1997 and 24.12.2002 between the

Bank and majority union viz. All India PNB Employees

Federation one mark was given for each completed year of

service in the bank with a maximum 25 marks. Accordingly

it is prayed that the instant case may be disposed of in

favour of the management by answering the reference in

the negative.

7. The Union in order to prove its case has examined

three (3) witnesses and proved seven (7) documents marked

Exts. W-01 to W-07 respectively. The management has not

examined any witness but in support of its case proved six

(6) documents marked Exts. M-01 to M-06 respectively.

8. It is submitted on behalf of both the unions that

clause 4(a) (iii) of the Placement Scheme is clear,

unembiguous and as per the said clause the ratio of 2:1 is

only applicable for determining the minimum length of

service for promotion and also for the purpose of posting

an employee to the posts carrying special allowance etc.

9. It is further submitted that the Central Government

by filing affidavit before the Hon'ble Supreme Court in

connection with Civil Appeal Nos. 4247-50 of 1996

supported the case of the Union that the ratio of 2:1 was

meant for computation of years of service rendered in the

Transferor Bank only for the purpose of determining the

minimum length of service for promotion from subordinate

cadre to clerical cadre etc. and not for any other purpose.

10. It is the general Rule that in case of District or

State transfer made on own seeking, the person will be

placed at the bottom of the gradation list for the purpose of

determination of the inter se seniority unless there is any

specific rule in this regard.

11. Admittedly the Central Government framed

Placement Scheme on 8th December, 1993 the legality of

which was challenged. The Hob'ble Supreme Court by its

decision passed in connection with Civil Appeal Nos. 4247-

50 of 1996 held that "In view of the legal position as

discussed above, and on examining the provisions of the

Placement Scheme more particularly Clases 4(a) (iii) (b) (ii)

and on consideration of the opinion rendered by the

Reserve Bank of India we have no hesitation to come to

the conclusion that the said Scheme is neither arbitrary nor

irrational and on the other hand a just scheme evolved by

the Union Government after due consultation with the

Reserve Bank of India and Court cannot interfere with such

scheme." (Paragraph 25)

12. On perusal of Clause 5 of the Amalgamation

Scheme and Section 9 of the Acquisition Scheme it can be

ascertained why the Placement Scheme more particularly

the ratio of 2:1 was framed. The background of framing the

said scheme was that when the New Bank of India was

sustaining loss and would have been otherwise wound

up, the Reserve Bank of India advised the Union

Government to merge the same with a stronger bank so

that the employees did not suffer. While advising

amalgamation the Reserve Bank of India also considered

the relevant factors for determination of the inter se seniority

of the employees and after due deliberations, the Reserve

Bank came to the conclusion of accepting the ratio of 2:1 at

the stage of placement for promotion which advice was

ultimately accepted by the Central Government.

3968

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

13. Now from paragraph 11 of the said decision of

the Hob'ble Supreme Court it appears that during argument

the Ld. Counsel (Additional Solicitor General) placed before

the Hob'le Court the relevant paragraphs of the counter

affidavit of the Reserve Bank of India and the Union

Government and also a chart indicating the impact of the

ratio of 2:1 as well as the impact of if the entire service of an

employee under Transferor Bank was taken into account

and it was contended that if the latter course would have

been taken then for years to come no employee of the

Punjab Nationl Bank namely Transferee Bank would have

got any opportunity of getting promotion to the higher

cadre. It was further contended that when the Reserve

Bank of India monitoring all these Nationalized Banks was

consulted and the said Reserve Bank of India decided to

accept the ratio of 2:1 after considering several germane

factors , it could not be said to be arbitary or irrational as

contended by the learned counsel appearing for the

appellants. Mr. Reddy learned Additional Solicitor General

also contended that the provisions of Clasue 4 (a) (iii) and

4 (b) (ii) was merely an one time exercise and the said

provisions was made after due consultation with the

Reserve Bank of India and after taking into consideration

several important factors, like, respective manpower of the

two banks, respective avenues of promotion in two Bank,

respective business of two banks and the fact that there

had been a large scale promotion in the transferor bank

just before amalgamation.

14. The above argument of the Ld. Additional

Solicitor General based on statistics and documents was

accepted by the Hon'ble Bench of the Supreme Court and

it was held that the said Placement Scheme was neither

arbitrary nor irrational nor discriminatory.

15. In the said decision, the Hon'ble Supreme Court

has been pleased to observe that ............ In the case in

hand Amalgamation became necessary as the transferor

bank was incurring heavy loss and without the

amalgamation it would have been totally would up. When

a scheme is framed amalgamating two banks, it is not

possible for the Central Government to take the details of

the service condition in account and that is why it provided

that the employees of the transferor bank would become

the employees of the transferee bank on the same terms

and condtions, with the same right to pension, gratuity

and other matters which would have been admissible to

them if they would have continued as the employees of the

transferor bank. But so far as the question of their placement

and inter-se seniority vis-a-vis the employees of the

transferee bank, the Scheme itself stipulated that in

consultation with the Reserve Bank of India the Central

Governent after taking relevant factors into consideration

may frame the Scheme. It is in exercise of this power the

placement scheme has been framed and under the

Placement Scheme what has been intended is that for

determination of the interse seniority and in the matter of

promotion from subordinate cadre to the elecrical cadre

and from the clerical cadre to the officers cadre while the

computation of years of service rendered is taken into

account, the computation shall be made in the ratio of 2:1

i.e. two years of service in the transferor bank would be

considered equivalent to one year of service in the

transferee bank. This computation is only one time

computation and whether such decision has been taken

after taking the relevant factors into account will be

considered by us when the question of arbitrariness etc. is

considered. But on examining the provisions of the

Acquisition Act as well as the provisions of Clause 5(4) of

the Amalgamation Scheme framed in exercise of power

under Section 9 of the Acquisition Act and the impugned

clauses of the Placement Scheme we have no hesitation to

come to the conclusion that the Central Government did

retain the power to frame the Placement Scheme in question

which is essential for determination of the placement of the

employees of the transferor bank and the inter-se seniority

vis-a-vis the employees of the transferee bank and framing

such scheme it was not necessary to afford an opportunity

of hearing to the employees of the transferor bank, as in

our view there has been no change in conditions of their

service. In this view of the matter we answer the first

question by holding that the Central Government had the

power to frame the subsequent scheme which has been

termed by us in this judgement as the Placement Scheme

for the placement of the employees of the transferor bank

in the transferee bank and for the determination of their

inter se seniority with the employees of the transferee bank.¸

(Pagragraph 18)

16. From the argument of the Ld. Counsel for the

Central Government and the observation of the Hon'ble

Supreme Court made in the said decision it further appears

that the said Placement Scheme was prepared for protecting

the interest of the employees of the transferee bank in the

matter of promotion and posting in the posts carrying

special allowance only. Considering the affidavit of the

Central Government filed in the said Civil Appeal Nos. 4247-

50 of 1996 and the observation of the Hon'ble Supreme

Court it further apears that the ratio of 2:1 is also applicable

for preparing priority list in respect of counting the inter-se

seniority for the purpose of promotion and posting in the

posts carrying special allowance. The employees of

trasnferor and transferee bank have same rights to pension,

gratuity and other matters and in those cases the ratio of

2:1 is not applicable.

17. The management in its written statement

(paragraph 1) has specifically stated that It is submitted

that the bank had entered into a conciliation settlement

dtd. 16.06.73 with the majority Union i.e., All India PNB

Employees' Federation. The said settlement has been

modified from time to time. The settlement dtd. 01.11.88

was signed between the parties before Regional Labour

Commissioner (Central) New Delhi. In terms of the said

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3969

21. Accordingly the instant reference is answered in

the negative and the workmen are not entitled to any relief

whatsoever.

JUSTICE DIPAK SAHA RAY, Presiding Officer

Dated, Kolkata.

The 15th September, 2015.

ubZ fnYyh] 29 flrEcj] 2015

dkñvkñ 1915.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj iatkc us'kuy

cSad ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k@Je U;k;ky;] y[kuÅ ds iapkV ¼lanHkZ la[;k 37@2013½

dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 29@09@2015 dks izkIr

gqvk FkkA

[lañ ,y&12012@1@2013&vkbZ vkj ¼ch&II½]

uohu diwj] voj lfpo

New Delhi, the 29th September, 2015

S.O. 1915.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 37/2013)

of the Central Government Industrial Tribunal-Cum-Labour

Court, Lucknow as shown in the Annexure in the Industrial

Dispute between the management of Punjab National Bank

and their workman, received by the Central Government on

29/09/2015.

[No. L-12012/1/2013-IR(B-II)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, LUCKNOW

PRESENT

RAKESH KUMAR

PRESIDING OFFICER

I.D. No. 37/2013

Ref. No. L-12012/1/2013-IR(B-II) dated 22.03.2013

BETWEEN

Shri Ganga Singh Rawat

H-78, Budha Vihar, Mijhola Line Par.,

Moradabad (U.P.)

AND

1. The Chairman & Managing Director,

Punjab National Bank,

HO: 7, Bhikaji Cama Place, New Delhi

settlement while preparing the priority list, one mark shall

be given for each completed year of service in the bank in

Clerical cadre (excluding period of apprenticeship and work

in non clerical post) from the date of appointment as

probationer with a maximum of 25 marks. From the above it

is clear that there is no concept of allotting priority marks

for completed months.The said contention has not been

denied by Punjab National Bank Employees' Union by filing

rejoinder. The added party has also not denied the said

statement of the management by filing the statement of

claim. So the allegation of the PNB Employees' Union that

the management is violating the terms of Placement Scheme

is preparing the priority list by not counting the completed

months of service of the employees, does not stand.

18. According to the PNB Progressive Employees'

Union, the Central Government by filing affidavit in Civil

Appeal Nos. 4247-50 of 1996, has admitted that only for the

purpose of determing the minimum length of service for

promotion, computation of years of service rendered in the

Transferor Bank shall be in the ratio of 2:1.

19. From paragraph 26 of the said decision of the

Hon'ble Supreme Court it appears that the Central

Government filed affidavit contending that" ........Central

Government after taking into consideration the complete

data and entire material on record of the case and in

consultation with Reserve Bank of India decided that the

service rendered in erstwhile New Bank of India by

employees/officers in grade/scale in which they were placed

at the time of amalgamation had to be computed in the ratio

of 2:1 and that too only for the purpose of computing

eligibility for consideration for promotion to next grade/

scale and/or for the purpose of posting on a post carrying

special allowance. For all other purpose, the service

rendered by the employees of erstwhile New Bank of India

has to be treated at par with the service rendered by the

employees of New Bank of India in PNB......"

The above paragraph of the affidavit does not

support the contention of the added party (PNB

Progressive Employees' Union). On the contrary the said

affidavit supports the stand of the management that the

service rendered by the employees of the Transferor Bank

is to be computed in the ratio of 2:1 only for the purpose of

computing eligibility for consideration of promotion to next

grade/scale and/or for the purpose of posting on a posts

carrying special allowance.

20. Having regarding to the facts and circumstances

and the discussion made above, it appears that both unions

have failed to establish any case in their favour that the

ratio of 2:1 is only application for determination of the

minimum length of service for promotion and that the said

ratio of 2:1 is not applicable in preparing priority list for

counting inter-se seniority for the purpose of promotion.

3970

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

2. The Dy. General Manager,

Punjab National Bank, Ram Ganga Vihar,

Phase-II, Moradabad-UP

Moradabad (U.P.)

3. The Chief Manager,

Punjab National Bank,

Ram Ganga Vihar Phase-II, Moradabad-UP

Moradabad (U.P.)

4. The Sr. Manager

Punjab National Bank,

Nazimabad Kotdwar Road, Distt. Bijnour-UP

Bijnour

AWARD

1. By order No. L-12012/1/2013-IR(B-II) dated

22.03.2013 the Central Government in the Ministry of

Labour, New Delhi in exercise of powers conferred by clause

(d) of sub section (1) and sub section (2A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947) referred this

industrial dispute between Sri Ganga Singh Rawat, H-78,

Budha Vihar, Mijhola Line Par, Moradabad (U.P.) and the

Chairman & Managing Director, Punjab National Bank, New

Delhi, Moradabad, Bijnore and others for adjudication.

2. The reference under adjudication is:

"WHETHER THE TERMINATION OF THE

MANAGEMENT OF PUNJAB NATIONAL BANK

MORADABAD IN REMOVING FROM THE

SERVICES OF THE BANK TO SRI GANGA SINGH

RAWAT W.E.F. 13.02.2010 IS LEGAL AND JUST?

WHAT RELIEF THE CONCERNED APPLICANT IS

ENTITLED TO"

3. On receiving the reference order dated 22.03.2015,

notice through registered post was issued to the workman

for filing claim statement with list of reliance and witness

as well. On the date fixed viz. 07.06.2013, the workman

appeared in the court before the then Hon'ble Judge/

Presiding Officer, Since then several dates were given on

the request of the workman, or otherwise in the interest of

justice by the court.

4. The workman vide his application W-4 dated

02.04.2014 moved before by learned predecessor, has

prayed to adjourn the case till the disposal of his

representations sent earlier to several authorities viz. Labour

Secretary, Govt of India, H.E. President of India, Chief

Labour Commissioner, Govt. of India. Letter sent by PNB

Employees Association etc., photo copies of so called

direction given by Hon'ble Minister and other authorities

have also been filed by the applicant.

5. Thereafter several applications were moved before

this Tribunal by the workman on the ground that his

representations have not been duly decided by the

concerned competent authority, neither the directions given

by Hon'ble Chief Information Commissioner has been

complied with by the concerned aurhorities, on this pre-

text adjournment have been sought.

6. Arguments of the workman/applicant have been

heard at length. Record has been perused thoroughly. The

simple issue to be adjudicated is that whether the action of

the PNB, Moradabad regarding his removal from the service

of the bank w.e.f. 13.02.2012 is legal and just, or not, on this

simple and plain point of reference, neither any claim

statement/petition/application has been submitted in this

court by the concerned person Sri Ganga Singh Rawat, nor

any other documentary or oral evidence pertaining to this

case has been adduced by him, although sufficient

opportunity during the last about two years has been

provided to the applicant.

7. Taking into account, facts and circumstances of

this case, it seems that the concerned person Shri Ganga

Singh Rawat is not at all interested to submit his version

before this court or to further proceed with the case.

Therefore, in such circusmtances, it is not possible, neither

legally feasible, to grant any relief to Shri Ganga Singh

Rawat, so far as the letter of reference dated 22.03.2013 is

concerned. It can not be inferred that the impugned action

of PNB regarding removal from the service w.e.f. 13.02.2010,

is not legal or unjust. No relief can be hence, granted to

Shri Ganga Singh Rawat.

8. Under the circumstances and the facts mentioned

herein above, no relief is legally required to be given to the

applicant/workman Sh. Ganga Singh Rawat. The reference

under adjudication is answered as NO CLAIM AWARD.

Award accordingly.

RAKESH KUMAR, Presiding Officer

15.09.2015

LUCKNOW

ubZ fnYyh] 29 flrEcj] 2015

dkñvkñ 1916.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lsaVªy cSad vkWQ

bafM;k ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp

vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèdj.k@Je U;k;ky;; tcyiqj ds iapkV ¼lanHkZ la-168@2001½

dks izdkf'kr djrh gS tks dsUnh; ljdkj dks 29-09-2015 dks izkIr gqvk FkkA

[lañ ,y&12012@149@2001&vkbZvkj ¼ch&II½]

uohu diwj] voj lfpo

New Delhi, the 29th September, 2015

S.O. 1916.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 168/2001)

of the Central Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as show in the Annexure, in the industrial dispute

between the management of Central Bank of India and their

workmen, received by the Central Government on 29.09.2015.

[No. L-12012/149/2001-IR(B-II)]

NAVEEN KAPOOR, Under Secy.

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3971

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/168/2001

Shri Deepak Kumar Joshi,

C/o Shri B.M. Upadhyay,

Near Jain Mandir, Harda,

Distt. Harda.

...Workman

Versus

Regional Manager,

Central Bank of India,

Regional Office,

Above City Post Office,

Mangalwara, Hoshangabad

...Management

AWARD

Passed on this 21st day of August, 2015

1. As per letter dated 13-11-2001 by the Government

of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-12012/

149/2001-IR(B-II). The dispute under reference relates to:

"Whether the action of the management of Regional

Manager, Central Bank of India in not considering

Shri Deepak Kumar Joshi for regular appointment is

justified? If not, what relief the workman is entitled

for?"

2. After receiving reference, notices were issued to

the parties. Workman submitted statement of claim at page

3/1 to 3/4. Case of Ist party workman is that he worked with

2nd party Bank from 1-1-1987 to 30-12-87. He worked more

than 240 days during calendar year. He was not served

with any chargesheet. He appeared for examination on

14-3-93. He was interviewed on 25-8-93. He was not informed

the out come of the interview. That certain persons similarly

situated appeared in the examination were appointed. The

Central Office of the Bank issued circular dated 12-3-91. It

was made clear that employees who had worked 240 days

continuous service for period of 12 months after 1-1-1982

to 31-12-90 will be considered for absorption in immediate

available vacancies without any tests or interview. Inspite

of the vacancies available, workman was not given

appointment.

3. The Bank had regularized persons time to time on

permanent post. Jitendra Singh Mansoria, Laxman Gupta,

Suresh Choudhary were appointed by the Bank.

Subsequently Shri Pramod Gour appeared in the selection

was also appointed in the Bank on the basis of selection in

August, 2000. Despite workman completed 240 days

continuous service and all those persons were appointed

in the Bank, workman was not appointed under extent of

RBI Instruction. Workman was discriminated. The action

of the management is arbitrary and unfair. The violation of

Article 14, 16 of the constitution. The action of the

management is arbitrary and unfair. The action of the

management amounts to unfair labour practice. On such

grounds workman prays for regular appointment in the

Bank from the time juniors were appointed/regularized.

4. Written Statement is filed by management. Claim

of workman is based on his pleadings that he was working

in the Bank on daily wages from 1-1-1987 to 31-12-1987

continuously more than 240 days. He had appeared for

written exam on 14-3-93 and interview on 25-8-93. 2nd party

submits that workman had not completed 240 days. He

worked only for 217 days in a calendar year. Workman

appeared in selection process on 14-3-93. He was informed

on 25-8-93. The result was sent to Zonal Office, Bhopal.

Meantime instructions were received from RBI/Union

Government imposed the restriction about any appointment.

No mistake was committed by the management in this case.

Workman was paid wages for his working days. The

contentions of workman in Para 1 of his statement of claim

is admitted relating to rising dispute and reference by the

Government. Rest of the contentions of workman are

denied. It is explained that fresh appointments were

prohibited by RCI. There is no violation of Article 14, 16 of

Constitution.

5. Workman filed rejoinder reiterating his contentions

in statement of claim.

6. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

(i) Whether the action of the

management of Regional

In Negative

Manager, Central Bank of

India in not considering Shri

Deepak Kumar Joshi for

regular appointment is

justified?

(ii) If not, what relief the

As per final order.

workman is entitled to?"

REASONS

7. There is no dispute from pleadings of parties that

workman had appeared in written test on 14-3-93 and

interview on 25-8-93. Workman filed affidavit of evidence.

In his affidavit of evidence, workman says he was

continuously working in the bank from January, 87 to

31-12-87, he worked more than 240 days. As per circular

dated 12-3-91, person working more than 240 days in

calendar year between 1-1-1982 to 31-12-1988 was eligible

for absorption. He also refers to 5-12-95 about vacancy of

3972

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

the post of peon. From evidence of workman, documents

Exhibit W-1 to W-3 were admitted in evidence. After his re-

examination, documents Exhibit W-4 to W-7/1 to W-7/6 are

proved. Workman in his cross examination says

appointment letter was not given to him. He was working

in the Bank from 1986 to 2000 as peon. He denies that he

not worked for 240 days during any of the calendar year.

He had received letter in writing for written exam is produced

on record. He was called for oral interview. In his cross-

examination after re-examination workman says that he has

no acknowledgment of submitting application W-3 in the

Bank. The circular W-5 was supplied to him by Daftary.

The documents W-7/1 to 7/6 were sent by RPAD. Its

acknowledgment was not obtained by him. The

acknowledgement of Exhibit W-2 is not produced. W-1 was

supplied to him by Branch Manager O.P. Garg on his

request.

8. Management's witness Mohd. Akhtar filed

affidavit of his evidence stating that workman had not

worked for 240 days during any of the year. In his cross-

examination, management's witness says the recruitment

was stopped as per circular in March, 2001. He was unable

to tell when the restriction on appointments was removed.

He claims ignorance of recruitment in bank during 2011 to

2013. He claims ignorance of recruitment in Harda branch

Regional Office. He claims ignorance of Class IV employees

working in Regional Office, Bhopal. He also claims

ignorance who many new branch were opened after 2001.

9. The documents produced Exhibit W-8 is letter given

to workman by Regional Office that he passed written test

and called for interview on 25-8-93. Exhibit W-3 is letter

sent by branch manager to Regional Office alongwith the

statement of working days of workman Exhibit W-4. The

working days of workman are shown 280 days. Exhibit W-5

is copy of circular dated 12-3-91 which provides-absorption

of casual employees working 240 days in 12 calendar

months during the period 1-1-1982 to 31-12-1990. Exhibit

W-6 is letter given to Regional Office. Workman was

working for 248 days during period 24-10-86 to 23-10-87.

Exhibit W-7/1 to 7/7 are representations submitted by workman

contending that he was working for more than 240 days. The

evidence of workman is supported by documentary evidence.

Documents produced by management Exhibit M-1 is letter

issued by Regional Office dated 3-9-01 calling information

about engagement of casual labours. In Exhibit M-2, working

days of workman are shown 89 days during perod 1-1-87 to

31-3-87. In Exhibit M-3, Page 5 question about absorption of

workman and Pramod Gaur was considered. The decision

was taken that posting will be shown subject to clearance of

vacancies form higher authority. Exhibit M-4 relates to the

selection process initiated in the Bank in 1997. In Exhibit

M-5, working days of Ist part workman during 93 to 96 are

shown 51 days, 52 days. M-6 is document of renewal of

Employment Exchange Card of the workman. Exhibit M-7

shows working days of workman from 1-1-1987 to 31-12-1987,

the working days are more than 240 days. In Exhibit M-8,

particulars of working days of workman are shown for the

period 93 to 96. The evidence of workman that he worked

more than 240 days in 1987 is supported by documents.

Exhibit M-7 produced by management Circular Exhibit W-5

provides for absorption of casual labours working more

than 240 days in 12 calendar months during the period 1-1-

1982 to 31-12-1990 supports the claim of workman for

absorption as permanent peon. The 2nd party has not

produced any documents relating to restriction of

appointment by RBI after 21-8-90.

10. Reliance is placed by counsel for workman Shri

Tripathi on ratio held in—

Case of Indrapal Yadav and others versus Union of

India and others reported in 1985(2) SCC 648. Their

Lordship dealing with Section 25-F,G of ID Act and

termination of services on ground of winding up of

projects was held not justified. In above cited case,

their Lordship considered during pendency of their

petition before Supreme Court, Railway

Administrative Scheme for absorption of temporary

workman on completion of 260 days continuous

employment. The scale made applicable to those on

service on January, 1984. It seems choice of that date

likely to create arbitrary discrimination, scheme

accepted by Supreme Court subject to modification

in the date from 1 January, 84 to January 1, 1981.

Their Lordship held absorption should be in order of

length of continuous service.

In case of Rajpal vrs. State of Haryana and others

reported in 1996(7) SCC 381. Their Lordship dealing with

regularization of persons similarly situated also taken into

service and their service regularized pursuant to order of

Supreme Court. Appellant being the only person left out

held also entitled to same relief.

In present case, evidence of workman about

appointing other persons appeared for written test and

interview were given appointment is not shattered in his

cross-examination. The ratio held in above case covers the

claim of workman. No cogent reasons is proved for denial

of absorption of workman. The ratio relied in case of Mohan

B versus Presiding Officer, CGIT, Chennai relates to

termination in violation of Section 25 of ID Act needs no

detailed discussion as ratio has no bearing to the

controversy between parties.

Ratio held in case of Hari Nandan Prasad and another

versus management of FCI and another reported in 2014(7)

SCC 190 also relates to violation of Section 25-F of ID Act

needs no detailed discussion. Workman has established

that he completed 240 days continuous service in 1987. He

is entitled for absorption as per Circular Exhibit W-5 dated

12-3-91. The management not absorbing workman is

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3973

discriminatory and therefore I record my finding in Point

No. 1 in Negative.

11. Point No. 2—In view of my finding in Point No. 1,

question arises to what relief the workman is entitled.

Workman in his affidavit says that he was unemployed but

he has not disclosed how he was surviving all those years,

therefore absorption of workman with 25% backwages will

be appropriate.

12. In the result, award is passed as under:—

(1)

The action of the management of Regional Manager,

Central Bank of India in not considering Shri Deepak

Kumar Joshi for regular appointment is not proper

and legal.

(2)

2nd party is directed to absorb workman as peon

from date of order of reference i.e. 13-11-2001 with

25% back wages.

Amount as per above order shall be paid to workman

within 30 days from the date of notification of award. In

case of default, amount shall carry 9% interest per annum

from the date of award till its realization.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 29 flrEcj] 2015

dkñvkñ 1917.—vkS|ksfxd fookn vf/kfu;e 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ;qdks cSad ds

izcaèra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la-107@99½ dks izdkf'kr djrh

gS tks dsUnh; ljdkj dks 29-09-2015 dks izkIr gqvk FkkA

[lañ ,y&12012@160@98&vkbZvkj ¼ch&II½]

uohu diwj] voj lfpo

New Delhi, the 29th September, 2015

S.O. 1917.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 107/99)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court,

Jabalpur as show in the Annexure, in the industrial dispute

between the management of UCO Bank and their workmen,

received by the Central Government on 29/09/2015.

[No. L-12012/160/98-IR(B-II)]

NAVEEN KAPOOR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/107/99

Shri Mohanlal Sahu,

S/o Shri Hemlal Sahu,

C/o Shri Gopi Pan Thela,

Bajrang Para, Kohak,

Bhilai (C.G)

...Workman

Versus

Branch Manager,

UCO Bank, Sector-I, Kohak Branch,

PO Bhilai,

Distt. Durg (C.G)

...Management

AWARD

Passed on this 26th day of August, 2015

1. As per letter dated 28-2/8-3/99 by the Government

of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under

Section-10 of I.D. Act, 1947 as per Notification No. L-12012/

160/98/IR(B-II). The dispute under reference relates to:

"Whether the termination of services of Shri

Mohanlal Sahu, S/o Hemlal Sahu, Ex-casual employee

of Khak Branch, Bhilai of UCO Bank by the

management of the bank w.e.f. 1-5-97 is justified? If

not, what relief the workman is entitled to?"

2. After receiving reference, notices were issued to

the parties. Workman submitted statement of claim at Page

2/1 to 2/4. Case of workman is that he was appointed as

messenger after Jaisingh cash peon was transferred to

Bailadila Branch of UCO Bank. He was appointed form

28.8.93. He worked in said branch from 28.8.93 to 1.5.97

continuously more than 240 days. His services were

discontinued on 1.5.97. That he is covered as workman

under Section 2(s) of ID Act that after completing 240 days

continuous service, he had acquired status of regular

employee. He was offered payments every Saturday

obtaining his signature from other persons. That he was

working as messenger against permanent vacant post of

cash peon. He should have been appointed as peon instead

of continuing on daily wages, he was paid minimum wages

which is not permissible as per Article 14, 16 of the

constitution. His appointment by 2nd party on daily wages

when permanent post was vacant is illegal. The daily wages

are appointed to meet unexpected increase of work load.

Such appointment on daily wages cannot be made when

need is permanent which last for long period. Government

cannot take advantage of unemployment prevailing in the

society. The action of 2nd party terminating his services

from 1.5.95 amounts to retrenchment. As he was not served

one months notice, he was not paid one months pay in lieu

of notice, retrenchment compensation was not paid to him.

The termination of his service is in violation of Section

25-F of ID Act on such ground, workman alleged unfair

labour practice on part of 2nd party that policy of hire and

fire is illegal. On such ground, workman prays for his

reinstatement with consequential benefits.

3974

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

3. 2nd party filed Written Statement at Pages 8/1 to

8/4 opposing claim of the workman preliminary objection is

raised by management that reference is not tenable as

workman was never engaged against sanctioned post.

Workman as engaged on daily wages. Such engagement

comes to end at end of day. There is master servant relation.

Workman is not covered under Section 2(s) of ID Act.

4. 2nd party denies that workman was engage against

vacant post or he worked continuously more than 24 days.

That as per negotiated settlement with the Bank, the casual

labour is engaged for contingency is authorized. Article

14, 6 of Constitution are not violated. Claim of workman is

erroneous based on assumptions and misunderstanding.

2nd party has not violated any statutory provisions. Unfair

labour practice on part of 2nd party is denied. For last 10

years, Bank is sustaining loss due to low productivity and

employment of manpower is stopped. 2nd party submits

that reference be answered in its favour.

5. Workman filed rejoinder at Pages 9/1 to 9/2

reiterating his contentions in statement of claim.

6. Considering pleadings on record, the points which

arise for my consideration and determination are as under.

My findings are recorded against each of them for the

reasons as below:—

“(i) Whether the termination of

services of Shri Mohanlal

Sahu, S/o Hemlal Sahu, Ex-

In Affirmative

casual employee of Khak

branch, Bhilai of UCO Bank

by the management of the

bank w.e.f. 1.5.97 is

justified?

(ii) If not, what relief the

Workman is not

workman is entitled to?"

entitled to any

relief.

REASONS

7. Workman is challenging termination of his service

for violation of Section 25-F (a, b, c) of ID Act. Workman

filed affidavit of his evidence supporting his contentions

that he was working with the Bank from 28.8.93 to 1.5.97.

His services were terminated without notice. He was not

paid retrenchment compensation. He completed more than

240 days continuous service. In his cross-examination,

workman says he was working in 2nd party Bank from

28.8.93. He not submitted application to the Bank. He did

not receive appointment letter. He was engaged as casual

labour on daily wages. He was paid wages as daily wager.

No attendance register was maintained. Payment sheet was

also not maintained. He worked till 1.5.97. Termination order

not issued to him.

8. Management's witness Shri Chabilal filed affidavit

of his evidence that while working as Head cashier from

July, 92 to December, 96, he says that Mohanlal was never

employed as messenger, there was not vacancy of

messenger. There was no notification about the vacancies.

Workman was never appointed in regular vacancy. There

is no relationship of master servant. Workman had not

continuously worked more than 240 days. In his cross-

examination, witness of management says he was working

in the Bank from 28.8.93 to 1.5.97. During said period,

workman was working. Witness of management has not

said that workman was continuously working during above

said period. Workman was doing work of pen. Workman

was not given termination order, retrenchment

compensation was not paid to him evidence of workman is

not supported by any document. Workman has not

examined any co-worked, he has not produced

documentary evidence about payment of wages. The

evidence of workman is in nature of self declaration. Such

evidence is not sufficient to establish that workman worked

continously for more than 240 days during any of the

calendar year. Therefore workman is not covered under

Section 25-F of ID Act. That is not entitled to benefit under

Section 25-F of ID Act.

9. Advocate Vijay Tripathi relies on ratio held in

Case of Ramesh Kumar versus State of Haryana

reported in 2010(2) SCC 543. Their Lordship dealing with

Section 25-F of ID Act applicability of casual employees

held in case of termination of casual employee what is

required to see is whether he has completed 240 days

continuous service in preceding 12 months or not.

In present case, evidence of workman discussed

cannot establish his continuous working for more than 240

days during any of the calendar year. Therefore ratio held

in the case cannot be applied to case at hand. For above

reasons, I record my finding in Point No. 1 in Affirmative.

10. In the result, award is passed as under:—

(1)

The termination of services of Shri Mohanlal Sahu,

S/o Hemlal Sahu, Ex-casual employee of Khak branch,

Bhilai of UCO Bank by the management of the bank

w.e.f. 1.5.97 is proper and legal.

(2)

Workman is not entitled to any relief.

R.B. PATLE, Presiding Officer

ubZ fnYyh] 30 flrEcj] 2015

dkñvkñ 1918.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uñ 1] /kuckn ds iapkV ¼lanHkZ la[;k 126@1994½dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 30@09@2015 dks izkIr gqvk FkkA

[lañ ,y&20012@436@1993&vkbZvkj ¼lh,e&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3975

New Delhi, the 30th September, 2015

S.O. 1918.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 126/

1994) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

No. 1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

30/09/2015.

[No. L- 20012/436/1993-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d)(2A) of I.D. Act,

1947

Reference: No. 126/1994

Employer in relation to the management of Dugda Coal

Washery of M/S. BCCL

AND

Their workmen.

PRESENT: Sri R. K. Saran, Presiding Officer

Appearances:

For the Employers :

Shri Ganesh Prasad, Advocate

For the Workman

:

None.

State : Jharkhand.

Industry : Coal

AWARD

Dated 3/9/2015

By order No. L-20012/436/93/IR (CM-1) dated

13.05.1994 the central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of

sub-section (1) and sub-section (2A) of Section 10 of the

Industrial Disputes Act, 1947 referred the following dispute

for adjudication to this Tribunal:

"Whether the action of the Additional Chief Engineer

(E&M) Dugda Coal Washery of M/S. BCCL, P.O-

Dugda, Dist-Bokaro in denying regularization of the

service of Bhagwati Sao Ex-worker with the

management of M/S. BCCL is justified? if not, to

what relief is the concerned workman entitled to?''

2. After receipt of the reference both parties are

noticed. But appearing for certain dates, none appears

subsequently. Case remain pending. It is felt that the

disputes between the parties have been resolved in the

meantime. Hence pass a No disputed Award is passed.

Communicate to the Ministry.

R. K. SARAN, Presiding Officer

ubZ fnYyh] 30 flrEcj] 2015

dkñvkñ 1919.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] uñ 1] /kuckn ds iapkV ¼lanHkZ la[;k 69@1993½dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 30@09@2015 dks izkIr gqvk FkkA

[lañ ,y&20012@84@1990&vkbZvkj ¼lh,e&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 30th September, 2015

S.O. 1919.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 69/1993)

of the Cent. Govt. Indus. Tribunal-cum-Labour Court No. 1,

Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

30/09/2015.

[No. L- 20012/84/1990-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d)(2A) of I.D. Act,

1947

Reference : No. 69/1993

Employer in relation to the management of Kooridih

Colliery of M/S. BCCL

AND

Their workmen.

PRESENT : Sri R. K. Saran Presiding Officer

Appearances:

For the Employers :

None

For the workman

:

None.

State : Jharkhand.

Industry:—Coal

AWARD

Dated 2/9/2015

By order No. L-20012/84/90/IR (CM-1) dated

11.02.1993 the central Government in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of

sub-section (1) and sub-section (2A) of Section 10 of the

Industrial Disputes Act, 1947 referred the following dispute

for adjudication to this Tribunal:

3976

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

"Whether the action of the management of Kooridih

Colliery in Govindpur Area of M/S. BCCL, in denying

correction of date of Birth of Manindra Nath Munshi from

18.04.1932 to 18.04.1942 is justified? If not, to what relief

the workman is entitled to?"

2. After receipt of the reference both parties are

noticed. But appearing for certain dates, none appears

subsequently. Case remain pending. It is felt that the

disputes between the parties have been resolved in the

meantime. Hence pass a No disputed Award is passed.

Communicate to the Ministry.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 30 flrEcj] 2015

dkñvkñ 1920.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj chlhlh,y ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdkj.k@Je

U;k;ky;] uñ 1] /kuckn ds iapkV ¼lanHkZ la[;k 221@2000½dks

izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 30@09@2015 dks izkIr gqvk

FkkA

[lañ ,y&20012@253@2000&vkbZvkj ¼lh&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 30th September, 2015

S.O. 1920.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 221/

2000) of the Cent. Govt. Indus. Tribunal-cum-Labour Court

No. 1, Dhanbad as shown in the Annexure, in the industrial

dispute between the management of M/s. BCCL and their

workmen, received by the Central Government on

30/09/2015.

[No. L- 20012/253/2000-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S. 10(1) (d)(2A) of I.D. Act,

1947

Reference: No. 221/2000

Employer in relation to the management of Kusunda

Area, M/S. BCCL

AND

Their workmen.

PRESENT : Sri R.K. Saran Presiding Officer

Appearances:

For the Employers :

Sri D.K. Verma, Advocate.

For the Workman

:

Sri N.M. Kumar, Advocate

State : Jharkhand.

Industry : Coal

AWARD

Dated 26/8/2015

By order No. L-20012/253/2000/IR (C-1) dated

24/06/2000, the Central Govt. in the Ministry of Labour

has, in exercise of the powers conferred by clause (d) of

sub-section (1) and sub-section (2A) of Section 10 of the

Industrial Disputes Act, 1947 referred the following disputes

for adjudication to this Tribunal:

SCHEDULE

"Whether denial of employment to Sri Pradeep

Thakur dependant Son of Sri Baleshwar Prasad

Thakur, on the ground that he was unfit for under

ground work, by the management of Kusunda Area

of M/s. BCCL and desiring application for

employment from second son of the deceased

employee is justified? If not, what direction into the

matter are necessary?"

2. The case is received from the Ministry of Labour

on 07.08.2000. After receipt of reference, both parties are

noticed. The workman files their written statement on

06.02.2001. And the management files their written

statement-cum-rejoinder on 22.04.2002. Two witnesses

examined on behalf of the workman and document of

workman marked as W-1 to W-7.

3. The case of the workman is that Sri Balashwer

Prasad was employed at Industry Colliery of M/S. BCCL

on the post of Line Mazdoor. Who was declared medically

unfit for his duties in March 1991. By the Apex Medical

Board under clause of NCWA. The eldest son Sri Pradeep

Thakur applied for his employment and the management

issued letter of employment for job PR UG Minor loader

subject to his physical fitness. He was directed to report to

the Lodna Area for his duties. Thereafter the management

vide letter dated 12.12.95, informed to Sri Baleshwar Prasad,

that his son Pradeep Thakur is medically unfit for surface

work.

4. The case of the management that the provision in

NCWA for giving employment on compassionate ground

was only for the purpose of providing financial assistance

to the family of the employee, who has been declared

medically unfit. This provision does not create legal right

of any particular person.

5. This is the case of dependant employment. The

concerned workman Sri Pradeep was issued appointment

letter dated 23.4.1992 designated as PR UG Miner Loader

in place of medically unfit father Sri Baleshwar Thakur.

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3977

6. As per letter dated 12/12/95 marked as W-1, it

appears that the concerned workman Sri Pradeep Thakur

was medically unfit on the surface job, and Sri Baleshwar

Thakur was told that his case will be considered by

competent authority for employment to another son in the

company.

7. In cross-examination of Sri Sadhu Sharan Prasad

(WW-1) Ex-General Secretary of the union, Sri Pradeep

Thakur was appointed for underground job. He was declared

Unfit by medical examination. Management offiered

employment to his next son. But he was not given offer for

employment.

8. But in the Written statement of the management in

para 10 it has been pleaded by the General Manager, that

Sri Pradeep Thakur was examined by the Area Medical

Board and the Area Medical Board declared him medically

fit for surface job on 28/03/1995 and thereafter the Head Qr.

Informed that the designation of Sri Pradeep Thakur has

been changed for Miner/Loader to General Mazdoor on

the surface. But due to want of vacancy in the surface the

Area Management could not able to provide him

employment.

9. The management issued a letter dated 7/7/95 marked

as W-7 in which the workman ordered to change from PR

UG Miner Loader to general mazdoor on surface in Cat-1

with his posting at Kusunda Area.

10. The management is ready to give job to the

dependant of the workman, who would apply for job and

the same be considered by the management

sympathetically. But as per written statement of the

management it is seen, he was fit for surface job. Therefore

the workman be given job at one on surface.

11. Considering the facts and circumstances of this

case. I hold that denial of employment to Sri Pradeep Thakur

dependant son of Sri Baleshwar Prasad Thakur, on the

ground that he was unfit for under ground work, by the

management of Kusunda Area of M/s. BCCL and desiring

application for employment from second son of the

deceased employee is not justified. Hence Sri Pradeep

Thakur be given job by the management at once There is

no necessity either he or any one will apply for job.

This is my award.

R.K. SARAN, Presiding Officer

ubZ fnYyh] 30 flrEcj] 2015

dk-vk- 1921.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947

dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj xYQ ,vj ds

izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky;] pSUubZ ds iapkV ¼lanHkZ la[;k 95@2014½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 30@09@2015 izkIr gqvk FkkA

[lañ ,y&11012@42@2014&vkbZvkj ¼lh,e&1½]

,eñ dsñ flag] vuqHkkx vf/kdkjh

New Delhi, the 30th September, 2015

S.O. 1921.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 95/

2014) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in the Annexure, in the

industrial dispute between the management of M/s. Gulf

Air and their workmen, received by the Central Government

on 30/09/2015.

[No. L-11012/42/2014-IR (CM-1)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

Tuesday, the 15th September, 2015

PRESENT : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 95/2014

(In the matter of the dispute for adjudication under

clause (d) of sub-section (1) and sub-section 2(A) of Section

10 of the Industrial Disputes Act, 1947 (14 of 1947), between

the Management of Gulf Air and their workman)

BETWEEN

Sri N. Sivaraman

:

1st Party/Petitioner

AND

The Country Manager :

2nd Party/Respondent

Gulf Air

Maker Chamber-V, Ground Floor

Nariman Point

Mumbai-400021

Appearance:

For the 1st Party/Petitioner

: M/s. Row & Reddy, V.

Stalin, Advocates

For the 2nd Party/Respondent : M/s. Gupta & Ravi,

Advocates

AWARD

The Central Government, Ministry of Labour &

Employment, vide its Order No. L-11012/42/2014-IR (CM-I)

dated 15.10.2014 referred the following Industrail Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is:

"Whether the action of the Management of M/s Gulf

Air regarding termination of the service of the

petitioner Sri N. Sivaraman is legal and justified? To

what relief the workman is entitled?"

3978

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

2. On receipt of Industrail Dispute this Tribunal has

numbered it as ID 95/2014 and issued notices to both sides.

Both sides entered appearance through their counsel and

filed their claim and counter statement respectively. The

petitioner has filed rejoinder in answer to the Counter

Statement.

3. The averments in the Claim Statement filed by the

petitioner in brief are as below:

The petitioner joined the service of the Respondent

as Station Security Officer-III by order dated 22.08.2005.

His service was confirmed. The petitioner had been

discharing his duty sincerely and honestly. At the time of

termination he was Station Security Officer. The petitioner

was suddenly terminated from service by order dated

21.03.2014. The reason for termination was stated as the

order of Bureau of Civil Aviation Security (BCAS) of Govt.

of India. However, the order does not state that the existing

security personnel have to be terminated. The intention of

the Respondent is to outsource the security work to private

contractors and deprive the permanent employees of their

job. The Respondent is having Offices all over India. The

security personnel employed by the Respondent in Bombay

are not terminated. Those at Cochin were terminated only

two months later to the termination of the petitioner. The

posts at different centres are transferable. The Respondent

has not followed Section-25G of Industrail Disputes Act

while retrenching the petitioner. The Respondent could

have absorbed the petitioner in some other department if

they feared any penal action from BCAS. The action of the

Respondent in termination the petitioner is illegal, arbitrary

and without jurisdiction. The petitioner has raised the

dispute in the above background. An order may be passed

holding that the action of the Respondent in terminating

the service of the petitioner is illegal and also directing the

Respondent to reinstate the petitoner with back wages,

continuity of service and other attendant benefits.

4. The Respondent has filed Counter Statement

contending as below:

The dispute is not maintainable as the petitioner was

not a workman as defined under Section-2(s) of the

Industrail Disputes Act. The petitioner was Station Security

Officer of the Respondent at Chennai Airport at the time of

termination and was performing duties predominantly

administrative and supervisory in nature, in this capacity.

It is incorrect to state that the Respondent has terminated

the service of the petitioner in order to outsource security

work to private contractors. The BCAS has issued

comprehensive guidlines listing out the guidelines for

performing security functions to be carried out by aircraft

operators by order no. 3/2009. By the said order 13 activities

pertaining to aircraft operations were treated as Aircraft

Operators Aviation Security Functions. These functions

were not allowed to be undertaken by ground handling

agency. These have to be carried out by the concerned

airlines security personnel who possess competency

required to perform the duties and appropriately trained

and certified according to the requirements of the approved

security programme of the respective aircraft operator and

the national civil aviation programme of India. The inline

screening of hold baggage to be transported by aircraft

operator from the airports in India are to be carried out by

trained and BCAS certified screeners of respective airport

operator or NACIL at airports having inline baggage airport

system. As far as foreign airlines like the Respondent are

concerned they may enter into agreement with Indian Air

Carriers having international operations from that airport

only after specific approval from the BCAS. The purport of

such clause in the order is that foreign airlines like the

Respondent are prohibited from engaging their own

personnel for carrying out any security related functions

in Airports. Even though foreign airlines are not allowed to

undertake self handling of security functions, they are

required to appoint Chief Security Officer of India and a

Security Coordinator for each station of operation. These

position holders must obtain required BCAS training.

Reference to foreign airlines in order 3/2014 of AVSEC

relates to only these positions approved in security

programmes of all the foreign airlines operating from Indian

Airports. Consequent to order of 3/2009 the Respondent is

not permitted to do self handling of security functions at

Airports. It is not corrrect to state that the persons working

in Cochin sector are junior to the petitioner. All security

personnel engaged in self handling of security functions

were terminated as the said functions cannot be performed

by a foreign operator. As far as Mumbai is concerned the

security personnel employed at Mumbai Airport had raised

a dispute and the Respondent had entered into a settlement

with a Union representing the said employees pursuant to

which they were re-deployed in other ground handling

operations where there were vacancies. No common

seniority list is maintained for employees of the Respondent

in all the Airports of India. The allegation that the

Respondent has violated Section-25(g) of the ID Act is not

correct. No vacancies are available at Chennai Airport where

the petitioner could be absorbed. The petitioner is not

entitled to any relief.

5. In the reply statement the petitioner has reiterated

his case in the Claim Statement and denied the contentions

in the Counter Statement.

6. The evidence in the case consists of oral evidence

of WW1 and MW1 and documents marked as Ext. W1 to

Ext. W11 and Ext. M1 to Ext. M14.

7. The points for consideration are:

(i)

Whether the action of the Respondent in termination

of the petitioner from service is legal and justified?

(ii)

To what relief, if any, to which the petitioner is

entitled?

[Hkkx II—[k.M 3 (ii)]

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3979

The Points

8. There is no dispute on the facts of the case. The

petitioner who had joined the service of the Respondent

as Station Security Officer-III on 22.08.2005 was terminated

from service vide order dated 21.03.2014 while he was

working as Station Security Officer.

9. The Respondent has justified the termination

stating the BCAS under the Ministry of Civil Aviation,

Government of India had issued an order by which foreign

airlines are prevented from doing aircraft operators aviation

security functions. They were directed to enter into

agreement with agencies who are carrying out such

functions.The stand of the Respondent is that because of

this order the post of Security Officer of the Respondent

had become redundant and they were forced to terminate

the service of the petitioner alongwith another who is

working in the same position. The case of the petitioner is

that termination is not called for even on account of the

order of BCAS. It is contended by the petitioner that the

order does not give a direction to terminate the existing

employees working in the position of Security Officer and

it is only a matter of giving training through one of the

approved training institute. It is contended on behalf of

the petitioner that the petitioner is entitled to be reinstated

in service.

10. A technical contention is seen raised by the

Respondent in the Counter Statement that the petitioner is

not a workman as defined under Section-2(s) of the

Industrial Disputes Act as he was working as Station

Security Officer at the time of termination. However, this

contention is not seen pursued by the Respondent. Trial

has proceeded on the assumption that the petitioner is a

workman.

11. Another contention raised in the Counter

Statement is that petitioner has received the notice pay

and retrenchment compensation without any protest and

so he is not entitled to raise the dispute. This contention

also is not seen pursued. The counsel for the petitioner

has referred to the decision of the Apex Court in

WORKMAN OF SUBONG TEA ESTATE VS. SUBONG

TEA ESTATE AND ANOTHER reported in 1964 1 LLJ 333

where it was held that the acceptance of retrenchment

compensation by the workman could not operate as a bar

so as to prevent him from challenging the validity of the

retrenchment itself. So the fact that the petitioner has

accepted the retrenchement compensation does not

prevent him from raising the dispute.

12. The counsel for the petitioner has argued that

the retrenchement is bad in law since notice under Section-

9A of ID Act has not been given to the petitioner. According

to the counsel for the Respondent such a contention is

now not available to the petitioner at all in the absence of

any plea in this respect. It is also his stand that in any case

notice under Section-9A of the ID Act is not required in a

case of retrenchment.

13. The counsel for the petitioner has referred to

certain legal pronouncements in support of his contention

that notice under Section-9A should have been given to

the petitioner in the absence of which retrenchment is

not valid as per law. He has referred to the decision in

LIC OF INDIA Vs. D.J. BAHADUR AND OTHERS

reported in 1981 1 SCC 315 wherein it has been held that

when change is being made in the service conditions of

workman notice should be given. Reference is also made

to the decision in the WORKMEN OF FOOD

CORPORATION OF INDIA VS. FOOD CORPORATION

OF INDIA reported in 1985 2 LLJ 4 where it was held that

when an attempt is made to bring about cessation of

contract of employment between the workman and the

management and a fresh contract between the workman

and the contractor was intended also notice under

Section-9A of the Act is required. Another decision relied

upon by counsel for the petitioner is LOKMAT

NEWSPAPERS PVT. LTD. VS. SHANKAR PRASAD

reported in 1999 (6) SCC 275. It was a case where the

management introduced prototype composing machines

resulting in the retrenchment of certain workman. It was

found that the installation of the machine should have

been preceded by a notice under Section-9A to the

workers since the installation of the machines resulted in

retrenchment.

14. The counsel for the Respondent has argued that

the termination of the petitioner did not require a notice

under Section-9A of the Act. He has pointed out that

retrenchment of an employee is not an item in the IV

Schedule of the Industrial Disputes Act. The IVth Schedule

describes conditions of service for change of which notice

is to be given under Section-9A of the Act. The counsel for

the Respondent has referred to the decision in ROBERT D'

SOUZA VS EXECUTIVE ENGINEER, SOUTHERN

RAILWAY AND ANOTHER reported in 1982 1 SCC 645 in

this respect. The service of the workman involved in the

case was deemed to have been terminated from the date on

which he absented himself from duty. A contention was

advanced that notice under Section-9A should have been

given before termination. It was held that in order to attract

Section-9A the employer must be desirous of effecting a

change in the conditions of service in respect of any matter

specified in the IV Schedule of the Act. The counsel has

referred to the decision of the Madras High Court in

ASOKAN VS. PRESIDING OFFICER, LABOUR COURT,

COIMBATORE AND ANOTHER reportd in 2009 4 LLN 582

also in this respect. Here it was held that retrenchment is

not mentioned in the IVth Schedule of the Act and so

Section-9A of the Act or its proviso is not applicable to a

case of retrenchment.

15. The counsel for the Respondent has referred to

the decision in WORKMAN OF THE FOOD

CORPORATION OF INDIA VS. FOOD CORPORATION

OF INDIA reported in 1985 2 SCC 136 also in this respect.

3980

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

In the Food Corporation of India the system prevalent was

direct payment to the workmen. It was held that on

introduction of system of direct payment by abolishing

contract labour system workman acquired status of direct

workman of the employer and unilateral discontinuance of

direct payment system without workman's consent and

reintroduction of contract labour system treating the

workman as workman of the contractor would amount to

termination of their services which in the absence of

compliance with law in force will be illegal and void. It

cannot be done without giving notice to the workman

under Section-9A of the Act, it was held. This was referred

to by the counsel to point out that only in the case of

change in the service conditions notice under Section-9A

is required. The counsel has referred to the decision of the

Bombay High Court in ARVIND ANAND GAIKWAD VS.

UNI ABEX ALLOY PVT. LTD. reported in 1994 III LLJ 684

also where it was held that notice under Section-9A is not

called for because the employer had not re-organized

business but has closed down a particular section in view

ot the restriction in import. The decision of the Apex Court

in ROBERT D SOUZA's case referred to earlier was relied

upon to enter the finding.

16. On going through the decisions relied upon by

either side, it could be seen that only in cases where there

is to be a change in the conditions of service of the workman

notice need by giving under Section-9A of the Act. The

cases referred to by the petitioner's counsel are all those

wherein change was effected in the service conditions of

the workman. None of them are cases where workmen were

retrenched. In the case of retrenchment the employer is

expected to comply with the conditions prescribed under

Section-25F of the Act only. An attempt has been made by

the counsel for the petitioner to make out that the change

was being effected by the Respondent. According to the

counsel by terminating the service of the petitioner, the

Respondent has been intending to entrust the security

work to outside agencies which according to him would

come under Item-10 of the IVth Schedule of the Act. As per

this item in case of rationalization standardization or

improvement of plant or technique which is likely to lead to

retrenchment of workmen notice under Section-9A is

required. It has been pointed out by the counsel for the

Respondent that the Respondent has not been trying any

of these in the establishment. It was pointed out by him

that no change of any kind was effected by the Respondent.

Rationalization of an establishment is a re-organization or

organization in order to improve its efficiency. In the present

case the Respondent has not done anything to improve

the efficiency of the establishment resulting in

retrenchment. There was no standardization or

improvement also. The Respondent had to give up the job

of handling of security functions in view of the restriction

imposed by BCAS by Ext. M3 order. It is not on the basis of

any steps taken by the Respondent itself to effect some

change coming under Item-10 of the Schedule of the Act. It

was only because the Respondent was constrained to, it

had to stop handling of security functions by itself. Of

course, it had been argued by the counsel for the petitioner

that in fact there is no such prohibition at all preventing

the petitioner and the other Scurity Officer from handling

the security functions of the Respondent. I do not think

there is any merit in the contention advanced on behald of

the petitioner. I will be referring to this aspect in detail later.

17. In any case as pointed out by the counsel for the

Respondent the Schedule of Reference does not contain

the question of violations of Section-9A of the Act and

there is no such plea for the petitioner also. As per the

Schedule of Reference, the dispute is regarding termination

of service of the petitioner only. So the only question to be

considered is whether the termination is valid. The petitioner

has not raised a contention in the Claim Statement that the

termination is not valid in law as it is doen in violation of

Section-9A of the Act. The counsel for the Respondent

has referred to the decision in WORKMEN AND OTHERS

VS. HINDUSTAN LEVER LTD. reported in AIR 1984 SC

516 where the Supreme Court has held that the Tribunal

cannot travel beyond the pleadings and arrogate to itself

the power to raise issues which the parties to the reference

are precluded or prohibited from raising. In the above case

the Industrial Tribunal had hedl that the employee is not a

workman though there was agreement between the

employer and the union to the effect that he is a workman

and the question was never raised by the parties. The

counsel has also referred to a decision of the Delhi High

Court in MANAGEMENT OF JOR BAGH VS. WORKMAN

reported in 1997 III LLJ 191 where it was held that it was not

permissible for the Labour Court to have gone to the extent

of making an adjudication upon the question that whether

the dispute fell under Item-11 of Schedule-IV for which

notice under Section 9A of the Act was required to be

served upon the workman in advance before taking any

action for retrenchment. On the reference of retrenchment

the Labour Court had to confine itself on the question

whether the same was legal and justified, it was held. So

the issue validity of notice under Section -9A does not

arise for consideration at all, in the present dispute.

18. Still another contention on behalf of the petitioner

is that the petitioner was discriminated terminating him

from service. According to the petitioner the Respondent

is having offices at Delhi, Bombay, Cochin Trivandum and

Madras. All the employees working at these stations are

working in a single entity i.e. Gulf Air, which is the

Respondent. However, Security personnel employed by

the Respondent in Bombay were not terminated whereas

the petitioner was terminated. This according to the

petitioner is discrimination on the part of the Respondent.

This allegation of discrimination is denied by the

Respondent. According to the Respondent, security

[Hkkx II—[k.M 3 (ii)]

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3981

personnel employed at Bombay Airport raised Industrial

Dispute even prior to any decision on their termination

and during the conciliation proceedings Respondent

entered into a settlement with the union representing the

said employees and it its pursuant to this the security

personnel at Bombay were re-deployed in other ground

handling operations where there were vacancies. It is further

stated by the Respondent that the question of comparing

security personnel employed in other airports does not

arise as no common seniority list is maintained.

19. The counsel for the petitioner has referred to the

decision in THE MANAGER, GOVERNMENT BRANCH

PRESS AND ANOTHER VS. D.B. BELIAPPA reported in

1979 1 SCC 477 to fortify his argument on discrimination. It

is a case where the concerned workman alone was

dismissed while others in his group had been retained and

were allowed to continue in service. It was held that no

special circumstance or reason has been disclosed which

would justify discriminatory treatment to the concerned

workman as a class apart from his juniors who have been

retained in service. In the circumstance, the direction to

reinstate the petitioner in service has been upheld.

20. In the present case, is there any discrimination so

far as the petitioner is concerned? It is the specific case of

the Respondent that there is no common seniority list for

the security personnel working for the Respondent at

different places and persons working in each centres were

treated separately. It is apparent from the evidence of the

petitioner itself that there was no such common seniority

list of treatment of security personnel as a class for all the

centres together. The petitioner has stated in his cross-

examination that after his appointment in 1984 he had

continued to work in Chennai only and had no occasion to

work anywhere. MW1 has stated that no common seniority

list is maintained. The petitioner has not proved that all the

security personnel were treated together and they were

amenable for transfer from one place to another. Any

incident of transfer among the security personnel from one

centre to another has not been brought to notice also. So

the manner in which the security personnel at Mumbai

were treated could not be a reason to consider the treatment

of the petitioner as discrimination. The circumstance under

which the security personnel at Bombay were retained is

stated in the Counter Statement as well as in the evidence

of MW1. It is apparent from the contention of the petitioner

itself that the security personnel at Bombay also were not

allowed to continue in service as security personnel but

they were re-deployed in ground handling activities.

According to the Respondent, at Chennai only two security

personnel are available and the number of employees are

limited. There was no vacancy to employ them in other

areas. So the case of discrimination put forth by the

petitioner also could not be accepted.

21. Another contention raised on behalf of the

petitioner is that the persons working in Cochin under the

Respondent as security personnel are junior to the

petitioner but they were terminated only two months later

to the petitioner and therefore the Respondent has not

followed Section-25G of the Industrial Disputes Act. For

one thing, it is not proved by the petitioner that he security

personnel at Cochin are junior to the petitioner. Again since

there is no common seniority list there could not be

violation of Section-25G of the industrial Disputes Act.

22. It is pointed out by the Respondent that it was

because of the enevitable contingency that the petitioner

had to be terminated from service. Ext.M3 is the order of

BCAS dated 21.08.2009 alongwith corrigendum dated

03.02.2014. As per the order the Bureau has referred to 13

activities pertaining to aircraft operations to be treated as

Aircraft Operators Aviation Security Functions. As per

Clause-4 of this, foreign airlines are to enter into agreement

with Indian Air Carriers having international operation from

the respective airport only after specific approval from the

Bureau. By the corrigendum of 2014 some change was made

in the clause and foreign airlines were allowed to enter into

agreement with Indian Air Carriers having operation from

the airport and the concerned foreign airline is to inform

the Bureau regarding the arrangement. Even after the order

of 2008 preventing foreign airlines from directly handling

security operations the Respondent continued to handle

the security functions by itself with the petitioner and

another as employees. It seems the Bureau has been taking

steps against this. The Respondent has produced several

communications from the BCAS in this respect. Ext.M5 is

one such communication issued to the Chief Security

Officer, British Airways Ltd. This was in response to the

letter by the British Airways for approval of the aircraft

operator's security program. This states that as per the

order of 2009 foreign airlines are to enter into contract with

Indian Air Carriers for security functions and the order

does not authorize any foreign airlines to self-handle the

security functions. Ext.M6 is a fax message from the BCAS

issued in 2012 stating that it has come to the notice of the

Bureau that foreign airlines are allowed to do self-handling

at airports violating the order of 2009 and action is to be

taken in the light of the order. Ext. M7 is also regarding the

implementation of the order. Ext. M8 also is a communication

issued to the Airport Directors stating that the practice of

self-handling at airpots in violation of the order of 2009

should be stopped with immediate effect. The Directors

are instructed to furnish the names of those foreign airlines

which are self-handling security functions. Ext.M10 is a

letter from the BCAS to the Respondent returning the

security program submitted by the Respondent. This

reiterates that as per the order of 2009 foreign airlines are

not allowed to do self-handling of the security functions.

It is further stated that the foreign airlines may enter into

contract with Indian Air Carriers having international

operations from the Airport.

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[PART II—SEC. 3 (ii)]

23. MW1 has stated that it is in view of the order of

the BCAS that the petitioner had to be terminated from

service. It is stated by MW1 in the affidavit that even after

the order of 2009 the petitioner was not immediately

terminated from service but the matter was dragged on for

a long time. It is pointed out by the counsel for the

Respondent that it shows the bonafides of the Respondent

and the attempt of the Respondent to retain the petitioner

in service in spite of the order. It was only when action was

recommended the petitioner had been terminated. This

stand of the Respondent seems to be correct. Even after

the order of the Bureau, the petitioner had continued in

service for quite a number of years.

24. The petitioner has stated in the Claim Statement

that as per the corrigendum of 2014 the organizations which

have not established their own training institute shall

deploy their security staff to carry out allocated security

functions for their respective organizations only after they

are trained in one of the BCAS approved training institution

and certified by the BCAS. This part of the order was

quoted by the petitioner to state that the existing staff

need not be disengaged but can be retained. It is pointed

out on behalf of the Respondent that even though foreign

airlines are nto allowed to handle security functions by

themselves they are required to appoint Chief Security

Officer and a Security Coordinator for each station of

operation and these position holders must obtain the

required training. The reference to training in the order of

2014 is only regarding Chief security Officer and Security

Coordinator, it is pointed out. The petitioner had made

three attempts to clear the BCAS Certification Course but

had not succeeded, as stated by MW1. So he would not fit

in with the requirements of the BCAS, in any case.

25. It is pointed out by the counsel for the

Respondent that the orders of BCAS are not challenged

and they are binding on the petitioner. The counsel has

referred to the decision of the Madras High Court in

INDIAN COMMERCIAL PILOTS ASSOCIATION VS.

UNION OF INDIA reported in 2006 4 MLJ 289 where it was

held that a circular issued by the Central Government under

the Aircraft Rules is not ultra-vires. So the order of the

BCAS is binding on the petitioner as well as on the

Respondent. It was only because of the order the

Respondent had to terminate the service of the petitioner.

In this respect the counsel for the Respondent has referred

to the decision WORKMAN OF SUBONG TEA ESTATE

VS. SUBONG TEA ESTATE AND ANOTHER (referred to

earlier) where it was held that the management can retrench

its employees but for proper reasons and it is for the

industrial adjudicator to consider whethere the

retrenchment was justified for proper reasons. It cannot be

said that the retrenchment of the petitioner is without

justification. Though, not on account of any fault of the

petitioner the retrenchment was necessitated because of

inevitability of the circumstances.

26. The petitioner has stated that if the Respondent

feared penal action from the BCAS it could have absorbed

the petitioner in another department. It is pointed out that

this is what was done in the case of security personnel in

Bombay. The stand of the Respondent is that no vacancy

was available in any of the positions. This implies that if

there is any vacancy in which the petitioner could be fitted

with his qualification and experience he would have been

re-deployed to that position. This can be done by the

Respondent even now. Section-25H of the Industrial

Disputes Act states that where any workmen are retrenched

and the employer proposes to take into his employ any

person he can given an opportunity to the retrenched

workman to offer themselves for reemployment and such

workmen who offer themselves for re-employment shall

have preference over other persons. The petitioner has

offered himself to be employed in the Respondent

establishment, even at centres other than Chennai. In case

any vacancy suitable in accordance with the qualification

and experience of the petitioner arises the Respondent can

re-employ the petitioner in that vacancy. The petitioner

was terminated by order dated 21.03.2014. More than a

year has elapsed after this. The Respondent shall consider

re-employment of the petitioner without delay.

Accordingly an award is passed as follows:

The Respondent is directed to give-reemployment

to the petitioner in vacancy to which he will fit in one on

the basis of his qualification and experience. The reference

is answered accordingly.

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

: WW1, Sri N. Sivaraman

For the 2nd Party/Management : MW1,

Capt.

Surinder

Khajuria

Documents Marked:

On the petitioner's side

Ex. No.

Date

Description

Ext.W1

21.06.2009

Bureau of Civil Aviation Security

Order No. 03/2009

Ext.W2

25.08.1994

Confirmation Order issued to

petitioner

Ext.W3

21.03.2014

Termination order issued to

petitioner

Ext.W4

03.04.2014

Dispute raised by the petitioner

before the Assistant Labour

Commissioner (Central)

Ext.W5

07.05.2014

Certificate issued by the

Respondent

Ext.W6

16.06.2014

Reply filed by the Respondent

before ALC with annexure

[Hkkx II—[k.M 3 (ii)]

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3983

Ext.W7

18.06.2014

Bureau of Civil Aviation Security

Order No. 03/2014

Ext.W8

01.07.2014

Reply filed by the petitioner

before ALC

Ext.W9

27.08.2014

Reply filed by the Respondent

before ALC Identity Card,

Certificates

Ext.W10

-

Ext.W11

10.12.2014

Section 12(3) settlement between

Respondent and the Gulf Air

Employees Association

On the Management's side

Ex.No.

Date

Description

Ext.M1

27.03.2001

AVSEC Order No. 3 of 2001

Ext.M2

28.08.2006

AVSEC Order No. 16 of 2006

Ext.M3

21.08.2009

AVSEC Order No. 3 of 2009 with

corrigendum dated 03.02.2014

Ext.M4

2011-2012

Basic AVSEC held at RDCOS

Chennai

Ext.M5

30.04.2012

Approval of the Aircraft Operating

Security Programme of M/s British

Airways Ltd., approved by BCAS

Ext.M6

13.07.2012

Fax message from BCAS to all

RDCOS, BCAS regarding

implementation of AVSEC Order

No. 3 of 2009

Ext.M7

03.08.2012

Communication from BCAS to

Station Manager, Gulf Air,

Mumbai

in

regard

to

implementation of AVSEC order

No. 3/2009

Ext.M8

07.08.2012

BCAS Notice to all the Airport

Directors, AAI, CIAC and AOC

in regard to implementation of

AVSEC order 3/2009

Ext.M9

13.08.2012

Approval of the Aircraft Operators

Security Programme of M/s Sri

Lankan Airline by BCAS

Ext.M10

23.08.2012

Notice sent by BCAS to Gulf Air

Ext.M11

13.05.2013

Notice sent by BCAS to Gulf

Airlines Manager (Security),

Chennai

Ext.M12

14.10.2013

Notice sent by BCAS to the

Manager, Gulf Air, Mumbai

Ext.M13

22.10.2013

Notice sent by BCAS to Station

Manager, Gulf Air

Ext.M14

09.01.2014

Notice sent by BCAS to Manager

(Security) Gulf Air Chennai

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New Delhi, the 30th September, 2015

S.O. 1922.—In pursuance of Section 17 of the

Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 94/

2014) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in the Annexure, in the

industrial dispute between the management of M/s. Gulf

Air and their workmen, received by the Central Government

on 30/09/2015.

[No. L-11012/41/2014-IR-(CM-1)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

Tuesday, the 15th September, 2015

PRESENT : K. P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 94/2014

(In the matter of the dispute for adjudication under

clause (d) of sub-section (1) and sub-section 2(A) of Section

10 of the Industrial Disputes Act, 1947 (14 of 1947), between

the Management of Gulf Air and their workman)

BETWEEN

Sri A.G. Ravikumar

:

1st Party/Petitioner

AND

The Country Manager

:

2nd Party/Respondent

Gulf Air

Maker Chamber-V, Ground Floor

Nariman Point

Mumbai

Appearance:

For the 1st Party/Petitioner

: M/s. Row & Reddy,

V. Stalin, Advocates

For the 2nd Party/Respondent

: M/s Gupta & Ravi,

Advocates

3984

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

AWARD

The Central Government, Ministry of Labour &

Employment, vide its Order No. L-11012/41/2014-IR (CM-I)

dated 15.10.2014 referred the following Industrail Dispute

to this Tribunal for adjudication.

The schedule mentioned in that order is:

"Whether the action of the Management of M/s. Gulf

Air regarding termination of the service of the

petitioner Shri A.G. Ravi Kumar is legal and justified?

to what relief the workman is entitled?"

2. On receipt of Industrail Dispute this Tribunal has

numbered it as ID 94/2014 and issued notices to both sides.

Both sides entered appearance through their counsel and

filed their claim and counter statement respectively. The

petitioner has filed rejoinder in answer to the Counter

Statement.

3. The averments in the Claim Statement filed by the

petitioner in brief are as below:

The petitioner joined the service of the Respondent

as Acting Station Security Officer by order dated

17.05.1994. His service was confirmed. on 25.8.1994.

The petitioner had been discharing his duty sincerely

and honestly. At the time of termination he was

Station Security Officer-II. The petitioner was

suddenly terminated from service by order dated

21.03.2014. The reason for termination was stated as

the order of Bureau of Civil Aviation Security (BCAS)

of Govt. of India. However, the order does not state

that the existing security personnel have to be

terminated. The intention of the Respondent is to

outsource the security work to private contractors

and deprive the permanent employees of their job.

The Respondent is having Offices all over India. The

security personnel employed by the Respondent in

Bombay are not terminated. Those at Cochin were

terminated only two months later to the termination

of the petitioner. The posts at different centres are

transferable. The Respondent has not followed

Section-25G of Industrail Disputes Act while

retrenching the petitioner. The Respondent could

have absorbed the petitioner in some other

department if they feared any penal action from

Bureau of Civil Aviation Security. The action of the

Respondent in termination the petitioner is illegal,

arbitrary and without jurisdiction. The petitioner has

raised the dispute in the above background. An order

may be passed holding that the action of the

Respondent in terminating the service of the

petitioner is illegal and also directing the Respondent

to reinstate the petitoner with back wages, continuity

of service and other attendant benefits.

4. The Respondent has filed Counter Statement

contending as below:

The dispute is not maintainable as the petitioner was

not a workman as defined under Section-2(s) of the

Industrial Disputes Act. The petitioner was Station

Security Officer of the Respondent at Chennai Airport

at the time of termination and was performing duties

predominantly administrative and supervisory in

nature, in this capacity. It is incorrect to state that

the Respondent has terminated the service of the

petitioner in order to outsource security work to

private contractors. The BCAS has issued

comprehensive guidelines listing out the guidelines

for performing security functions to be carried out

by aircraft operators by order No. 3/2009. By the said

order 13 activities pertaining to aircraft operations

were treated as Aircraft Operators Aviation Security

Functions. These functions were not allowed to be

undertaken by ground handling agency. These have

to be carried out by the concerned airlines security

personnel who possess competency required to

perform the duties and appropriately trained and

certified according to the requirements of the

approved security programme of the respective

aircraft operator and the national civil aviation

programme of India. The inline screening of hold

baggage to be transported by aircraft operator from

the airports in India are to be carried out by trained

and BCAS certified screeners of respective airport

operator or National Aviation Corporation of India

Ltd. at airports having inline baggage airport system.

As far as foreign airlines like the Respondent are

concerned they may enter into agreement with Indian

Air Carriers having international operations from that

airport only after specific approval from the BCAS.

The purport of such clause in the order is that foreign

airlines like the Respondent are prohibited from

engaging their own personnel for carrying out any

security related functions in Airports. Even though

foreign airlines are not allowed to undertake self

handling of security functions, they are required to

appoint Chief Security Officer-India and a Security

Coordinator for each station of operation. These

position holders must obtain required BCAS training.

Reference to foreign airlines in order 3/2014 of AVSEC

relates to only these positions approved in security

programmes of all the foreign airlines operating from

Indian Airports. Consequent to order of 3/2009 the

Respondent is not permitted to do self handling of

security functions at Airports. It is not corrrect to

state that the persons working in Cochin sector are

junior to the petitioner. All security personnel

engaged in self handling of security functions were

terminated as the said functions cannot be performed

by a foreign operator. As far as Mumbai is concerned

the security personnel employed at Mumbai Airport

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3985

had raised a dispute and the Respondent had entered

into a settlement with a Union representing the said

employees pursuant to which they were re-deployed

in other ground handling operations where there were

vacancies. No common seniority list is maintained

for employees of the Respondent in all the Airports

of India. The allegation that the Respondent has

violated Section-25(g) of the ID Act is not correct.

No vacancies are available at Chennai Airport where

the petitioner could be absorbed. The petitioner is

not entitled to any relief.

5. In the reply statement the petitioner has reiterated

his case in the Claim Statement and denied the contentions

in the Counter Statement.

6. The evidence in the case consists of oral evidence

of WW1 and MW1 and documents marked as Ext. W1 to

Ext. W11 and Ext. M1 to Ext. M13.

7. The points for consideration are:

(i)

Whether the action of the Respondent in termination

of the petitioner from service is legal and justified?

(ii)

To what relief, if any, to which the petitioner is

entitled?

The Points

8. There is no dispute on the facts of the case. The

petitioner who had joined the service of the Respondent

as Station Security Officer in the year 1994 was terminated

from service vide order dated 21.03.2014 while he was

working as Station Security Officer.

9. The Respondent has justified the termination

stating the BCAS under the Ministry of Civil Aviation,

Government of India had issued an order by which foreign

airlines are prevented from doing aircraft operators aviation

security functions. They were directed to enter into

agreement with agencies who are carrying out such

functions. The stand of the Respondent is that because of

this order the post of Security Officer of the Respondent

had become redundant and they were forced to terminate

the service of the petitioner alongwith another who is

working in the same position. The case of the petitioner is

that termination is not called for even on account of the

order of BCAS. It is contended by the petitioner that the

order does not give a direction to terminate the existing

employees working in the position of Security Officer and

it is only a matter of giving training through one of the

approved training institute. It is contended on behalf of

the petitioner that the petitioner is entitled to be reinstated

in service.

10. A technical contention is seen raised by the

Respondent in the Counter Statement that the petitioner is

not a workman as defined under Section-2(s) of the

Industrial Disputes Act as he was working as Station

Security Officer at the time of termination. However, this

contention is not seen pursued by the Respondent. Trial

has proceeded on the assumption that the petitioner is a

workman.

11. Another contention raised in the Counter

Statement is that petitioner has received the notice pay

and retrenchment compensation without any protest and

so he is not entitled to raise the dispute. This contention

also is not seen pursued. The counsel for the petitioner

has referred to the decision of the Apex Court in Workman

of Subong Tea Estate vs. Subong Tea Estate and another

reported in 1964 1 LLJ 333 where it was held that the

acceptance of retrenchment compensation by the workman

could not operate as a bar so as to prevent him from

challenging the validity of the retrenchment itself. So the

fact that the petitioner has accepted the retrenchement

compensation does not prevent him from raising the

dispute.

12. The counsel for the petitioner has argued that the

retrenchement is bad in law since notice under Section-9A

of ID Act has not been given to the petitioner. According

to the counsel for the Respondent such a contention is

now not available to the petitioner at all in the absence of

any plea in this respect. It is also his stand that in any case

notice under Section-9A of the ID Act is not required in a

case of retrenchment.

13. The counsel for the petitioner has referred to

certain legal pronouncements in support of his contention

that notice under Section-9A should have been given to

the petitioner in the absence of which retrenchment is not

valid as per law. He has referred to the decision in LIC of

India vs. D.J. Bahadur and Others reported in 1981 1 SCC

315 wherein it has been held that when change is being

made in the service conditions of workman notice should

be given. Reference is also made to the decision in the

Workmen of Food Corporation of India Vs. Food

Corporation of India reported in 1985 2 LLJ 4 where it was

held that when an attempt is made to bring about cessation

of contract of employment between the workman and the

management and a fresh contract between the workman

and the contractor was intended also notice under Section-

9A of the Act is required. Another decision relied upon by

counsel for the petitioner is Lokmat Newspapers Pvt. Ltd.

vs. Shankar Prasad reported in 1999 (6) SCC 275. It was a

case where the management introduced prototype

composing machines resulting in the retrenchment of

certain workman. It was found that the installation of the

machine should have been preceded by a notice under

Section-9A to the workers since the installation of the

machines resulted in retrenchment.

14. The counsel for the Respondent has argued that

the termination of the petitioner did not require a notice

under Section-9A of the Act. He has pointed out that

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THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

retrenchment of an employee is not an item in the IV

Schedule of the Industrial Disputes Act. The IVth Schedule

describes conditions of service for change of which notice

is to be given under Section-9A of the Act. The counsel for

the Respondent has referred to the decision in Robert D'

Souza vs Executive Engineer, Southern Railway And

Another reported in 1982 1 SCC 645 in this respect. The

service of the workman involved in the case was deemed

to have been terminated from the date on which he absented

himself from duty. A contention was advanced that notice

under Section-9A should have been given before

termination. It was held that in order to attract Section-9A

the employer must be desirous of effecting a change in the

conditions of service in respect of any matter specified in

the IV Schedule of the Act. The counsel has referred to the

decision of the Madras High Court in Asokan vs. Presiding

Officer, Labour Court, Coimbatore and Another reportd in

2009 4 LLN 582 also in this respect. Here it was held that

retrenchment is not mentioned in the IVth Schedule of the

Act and so Section-9A of the Act or its proviso is not

applicable to a case of retrenchment.

15. The counsel for the Respondent has referred to

the decision in Workman of the Food Corporation of India

Vs. Food Corporation of India reported in 1985 2 SCC 136

also in this respect. In the Food Corporation of India the

system prevalent was direct payment to the workmen. It

was held that on introduction of system of direct payment

by abolishing contract labour system workman acquired

status of direct workman of the employer and unilateral

discontinuance of direct payment system without

workman's consent and reintroduction of contract labour

system treating the workman as workman of the contractor

would amount to termination of their services which in the

absence of compliance with law in force will be illegal and

void. It cannot be done without giving notice to the

workman under Section-9A of the Act, it was held. This

was referred to by the counsel to point out that only in the

case of change in the service conditions notice under

Section-9A is required. The counsel has referred to the

decision of the Bombay High Court in Arvind Anand

Gaikwad vs. Uni Abex Alloy Pvt. Ltd. reported in 1994 III

LLJ 684 also where it was held that notice under Section-

9A is not called for because the employer had not re-

organized business but has closed down a particular

section in view of the restriction in import. The decision of

the Apex Court in ROBERT D' SOUZA's case referred to

earlier was relied upon to enter the finding.

16. On going through the decisions relied upon by

either side, it could be seen that only in cases where there

is to be a change in the conditions of service of the workman

notice need by giving under Section-9A of the Act. The

cases referred to by the petitioner's counsel are all those

wherein change was effected in the service conditions of

the workman. None of them are cases where workmen were

retrenched. In the case of retrenchment the employer is

expected to comply with the conditions prescribed under

Section-25F of the Act only. An attempt has been made by

the counsel for the petitioner to make out that the change

was being effected by the Respondent. According to the

counsel by terminating the service of the petitioner, the

Respondent has been intending to entrust the security

work to outside agencies which according to him would

come under Item-10 of the IVth Schedule of the Act. As per

this item in case of rationalization standardization or

improvement of plant or technique which is likely to lead to

retrenchment of workmen notice under Section-9A is

required. It has been pointed out by the counsel for the

Respondent that the Respondent has not been trying any

of these in the establishment. It was pointed out by him

that no change of any kind was effected by the Respondent.

Rationalization of an establishment is a re-organization or

organization in order to improve its efficiency. In the present

case the Respondent has not done anything to improve the

efficiency of the establishment resulting in retrenchment.

There was no standardization or improvement also. The

Respondent had to give up the job of handling of security

functions in view of the restriction imposed by BCAS by

Ext. M3 order. It is not on the basis of any steps taken by the

Respondent itself to effect some change coming under

Item-10 of the Schedule of the Act. It was only because the

Respondent was constrained to, it had to stop handling of

security functions by itself. Of course, it had been argued

by the counsel for the petitioner that in fact there is no

such prohibition at all preventing the petitioner and the

other Scurity Officer from handling the security functions

of the Respondent. I do not think there is any merit in the

contention advanced on behald of the petitioner. I will be

referring to this aspect in details later.

17. In any case as pointed out by the counsel for the

Respondent the Schedule of Reference does not contain

the question of violations of Section-9A of the Act and

there is no such plea for the petitioner also. As per the

Schedule of Reference, the dispute is regarding termination

of service of the petitioner only. So the only question to be

considered is whether the termination is valid. The petitioner

has not raised a contention in the Claim Statement that the

termination is not valid in law as it is done in violation of

Section-9A of the Act. The counsel for the Respondent

has referred to the decision in Workmen And Others vs.

Hindustan Lever Ltd. reported in AIR 1984 SC 516 where

the Supreme Court has held that the Tribunal cannot travel

beyond the pleadings and arrogate to itself the power to

raise issues which the parties to the reference are precluded

or prohibited from raising. In the above case the Industrial

Tribunal had held that the employee is not workman though

there was agreement between the employer and the union

to the effect that he is a workman and the question was

never raised by the parties. The counsel has also referred

to a decision of the Delhi High Court in Management of Jor

Bagh Vs. Workman reported in 1997 III LLJ 191 where it

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3987

was held that it was not permissible for the Labour Court to

have gone to the extent of making an adjudication upon

the question that whether the dispute fell under Item-11 of

Schedule-IV for which notice under Section 9A of the Act

was required to be served upon the workman in advance

before taking any action for retrenchment. On the reference

of retrenchment the Labour Court had to confine itself on

the question whether the same was legal and justified, it

was held. So the issue validity of notice under Section -9A

does not arise for consideration at all, in the present dispute.

18. Still another contention on behalf of the petitioner

is that the petitioner was discriminated terminating him

from service. According to the petitioner the Respondent

is having offices at Delhi, Bombay, Cochin Trivandrum

and Madras. All the employees working at these stations

are working in a single entity i.e. Gulf Air, which is the

Respondent. However, Security personnel employed by

the Respondent in Bombay were not terminated whereas

the petitioner was terminated. This according to the

petitioner is discrimination on the part of the Respondent.

This allegation of discrimination is denied by the

Respondent. According to the Respondent, security

personnel employed at Bombay Airport raised Industrial

Dispute even prior to any decision on their termination

and during the conciliation proceedings Respondent

entered into a settlement with the union representing the

said employees and it is pursuant to this the security

personnel at Bombay were re-deployed in other ground

handling operations where there were vacancies. It is further

stated by the Respondent that the question of comparing

security personnel employed in other airports does not

arise as no common seniority list is maintained.

19. The counsel for the petitioner has referred to the

decision in The Manager, Government Branch Press and

Another vs. D.B. Beliappa reported in 1979 1 SCC 477 to

fortify his argument on discrimination. It is a case where

the concerned workman alone was dismissed while others

in this group had been retained and were allowed to

continue in service. It was held that no special circumstance

or reason has been disclosed which would justify

discriminatory treatment to the concerned workman as a

class apart from his juniors who have been retained in

service. In the circumstance, the direction to reinstate the

petitioner in service has been upheld.

20. In the present case, is there any discrimination so

far as the petitioner is concerned? It is the specific case of

the Respondent that there is no common seniority list for

the security personnel working for the Respondent at

different places and persons working in each centres were

treated separately. It is apparent from the evidence of the

petitioner itself that there was no such common seniority

list of treatment of security personnel as a class for all the

centres together. The petitioner has stated in his cross-

examination that after his appointment in 1984 he had

continued to work in Chennai only and had no occasion to

work anywhere. MW1 has stated that no common seniority

list is maintained. The petitioner has not proved that all the

security personnel were treated together and they were

amenable for transfer from one place to another. Any

incident of transfer among the security personnel from one

centre to another has not been brought to notice also. So

the manner in which the security personnel at Mumbai

were treated could not be a reason to consider the treatment

of the petitioner as discrimination. The circumstance under

which the security personnel at Bombay were retained is

stated in the Counter Statement as well as in the evidence

of MW1. It is apparent from the contention of the petitioner

itself that the security personnel at Bombay also were not

allowed to continue in service as security personnel but

they are re-deployed in ground handling activities.

According to the Respondent, at Chennai only two security

personnel are available and the number of employees are

limited. There was no vacancy to employe them in other

areas. So the case of discrimination put forth by the

petitioner also could not be accepted.

21. Another contention raised on behalf of the

peitioner is that the persons working in Cochin under the

Respondent as security personnel are junior to the

petitioner but they were terminated only two months later

to the petitioner and therefore the Respondent has not

followed Section-25G of the Industrial Disputes Act. For

one thing, it is not proved by the petitioner that he security

personnel at Cochin are junior to the petitioner. Again since

there is no common seniority list there could not be

violation of Section-25G of the Industrial Disputes Act.

22 It is pointed out by the Respondent that it was

because of the inevitable contingency that the petitioner

had to be terminated from service. Ext. M3 is the order of

BCAS dated 21.08.2009 alongwith corrigendum dated

03.02.2014. As per the order the Bureau has referred to 13

activities pertaining to aircraft operations to be treated as

Aircraft Operators Aviation Security Functions. As per

Clause-4 of this, foreign airlines are to enter into agreement

with Indian Air Carriers having international operation from

the respective airport only after specific approval from the

Bureau. By the corrigendum of 2014 some change was made

in the clause and foreign airlines were allowed to enter into

agreement with Indian Air Carriers having operation from

the airport and the concerned foreign airline is to inform

the Bureau regarding the arrangement. Even after the order

of 2008 preventing foreign airlines from directly handling

security operations the Respondent continued to handle

the security functions by itself with the petitioner and

another as employees. It seems the Bureau has been taking

steps against this. The Respondent has produced several

communications from the BCAS in this respect. Ext. M5 is

one such communication issued to the Chief Security

Officer British Airways Ltd. This was in response to the

letter by the British Airways for approval of the aircraft

3988

THE GAZETTE OF INDIA : OCTOBER 3, 2015/ASVINA 11, 1937

[PART II—SEC. 3 (ii)]

operator's security programme. This states that as per the

order of 2009 foreign airlines are to enter into contract with

Indian Air Carriers for security functions and the order

does not authorize any foreign airlines to self-handle the

security functions. Ext. M6 is a fax message from the BCAS

issued in 2012 stating that it has come to the notice of the

Bureau that foreign airlines are allowed to do self-handling

at airports violating the order of 2009 and action is to be

taken in the light of the order. Ext. M7 is also regarding the

implementation of the order. Ext M8 also is a communication

issued to the Airport Directors stating that the practice of

self-handling at airports in violation of the order of 2009

should be stopped with immediate effect. The Directors

are instructed to furnish the names of those foreign airlines

which are self-handling security functions. Ext M10 is a

letter from the BCAS to the Respondent returning the

security program submitted by the Respondent. This

reiterates that as per the order of 2009 foreign airlines are

not allowed to do self-handling of the security functions.

It is further stated that the Foreign airlines may enter into

contract with Indian Air Carriers having international

operations from the Airport.

23. MW1 has stated that it is in view of the order of

the BCAS that the petitioner had to be terminated from

service. It is stated by MW1 in the affidavit that even after

the order of 2009 the petitioner was not immediately

terminated from service but the matter was dragged on for

a long time. It is pointed out by the counsel for the

Respondent that it shows the bonafides of the Respondent

and the attempt of the Respondent to retain the petitioner

in service in spite of the order. It was only when action was

recommended the petitioner had been terminated. This

stand of the Respondent seems to be correct. Even after

the order of the Bureau, the petitioner had continued in

service for quite a number of years.

24. The petitioner has stated in the Claim Statement

that as per the corrigendum of 2014 the organizations which

have not established their own training institute shall

deploy their security staff to carry out allocated security

functions for the respective organizations only after they

are trained in one of the BCAS approved training institution

and certified by the BCAS. This part of the order was

quoted by the petitioner to state that the existing staff

need not be disengaged but can be retained. It is pointed

out on behalf of the Respondent that even though foreign

airlines are not allowed to handle security functions by

themselves they are required to appoint Chief Security

Officer and a Security Coordinator for each station of

operation and these position holders must obtain the

required training. The reference to training in the order of

2014 is only regarding Chief Security Officer and Security

Coordinator, It is pointed out. The petitioner had made

three attempts to clear the BCAS Certification Course but

had not succeeded, as stated by him during the cross

examination. So he would not fit in with the requirements

of the BCAS.

25. It is pointed out by the counsel for the

Respondent that the orders of BCAS are not challenged

and they are binding on the petitioner. The counsel has

referred to the decision of the Madras High Court in

INDIAN COMMERCIAL PILOTS ASSOCIATION VS.

UNION OF INDIA reported in 2006 4 MLJ 289 where it was

held that a circular issued by the Central Government under

the Aircraft Rules is not ultra-vires. So the order of the

BCAS is binding on the petitioner as well as on the

Respondent. It was only because of the order the

Respondent had to terminate the service of the petitioner.

In this respect the counsel for the Respondent has referred

to the decision WORKMAN OF SUBONG TEA ESTATE

VS. SUBONG TEA ESTATE AND ANOTHER (referred to

earlier) where it was held that the management can retrench

its employees but for proper reasons and it is for the

industrial adjudicator to consider where the retrenchment

was justified for proper reasons. It cannot be said that the

retrenchment

of

the

petitioner

is

without

justification.Though, not on account of any fault of the

petitioner the retrenchment was necessitated because of

inevitability of the circumstances.

26. The petitioner has stated that if the Respondent

feared penal action from the BCAS it could have absorbed

the petitioner in another department. It is pointed out that

this is what was done in the case of security personnel in

Bombay. The stand of the Respondent is that no vacancy

was available in any of the positions. This implies that if

there is any vacancy in which the petitioner could be fitted

with his qualification and experience he would have been

re-deployed to that position. This can be done by the

Respondent even now. Section 25H of the Industrial

Disputes Act states that where any workmen are retrenched

and the employer proposes to take into his employ any

person he can give an opportunity to the retrenched

workman to offer themselves for re-employment and such

workmen who offer themselves for re-employment shall

have preference over other persons. The petitioner has

offered himself to be employed in the Respondent

establishment, even at centres other than Chennai. In case

any vacancy suitable in accordance with the qualification

and experience of the petitioner arises the Respondent can

re-employ the petitioner in that vacancy. The petitioner

was terminated by order dated 21.03.2014. More than a

year has elapsed after this. The Respondent shall consider

re-employment of the petitioner without delay.

Accordingly an award is passed as follows:

The Respondent is directed to give-re-employment

to the petitioner in vacancy to which he will fit in one of the

basis of his qualification and experience. The reference is

answered accordingly.

K. P. PRASANNA KUMARI, Presiding Officer

[Hkkx II—[k.M 3 (ii)]

Hkkjr dk jkti=k % vDrwcj 3] 2015@vkf'ou 11] 1937

3989

Witnesses Examined:

For the 1st Party/Petitioner

: WW1, Sri A.G. Ravi

Kumar

For the 2nd Party/Management : MW1, Capt. Surinder

Khajuria

Documents Marked:

On the petitioner's side

Ex. No.

Date

Description

Ext.W1

21.06.2009

Bureau of Civil Aviation

Security Order No. 03/2009

Ext.W2

25.08.1994

Confirmation Order issued to

petitioner

Ext.W3

21.03.2014

Termination order issued to

petitioner

Ext.W4

03.04.2014

Dispute raised by the petitioner

before the Assistant Labour

Commissioner (Central)

Ext.W5

07.05.2014

Certificate issued by the

Respondent

Ext.W6

16.06.2014

Reply filed by the Respondent

before ALC with annexure

Ext.W7

18.06.2014

Bureau of Civil Aviation

Security Order No. 03/2014

Ext.W8

26.06.2014

Reply filed by the petitioner

before ALC

Ext.W9

26.08.2014

Reply filed by the Respondent

before ALC

Ext.W10

Identity Card, Certificates

Ext.W11

10.12.2014

Section 12(3) settlement

between Respondent and the

Gulf Air Employees Association

On the Management's side

ExNo.

Date

Description

Ext.M1

27.03.2001

AVSEC Order No. 3 of 2001

Ext.M2

28.08.2006

AVSEC Order No. 16 of 2006

Ext.M3

21.08.2009

AVSEC Order No. 3 of 2009 with

corrigendum dated 03.02.2014

Ext.M4

2011-2012

Basic AVSEC held RDCOS

Chennai

Ext.M5

30.04.2012

Approval of the Aircraft

Operating Security Program of

M/s British Airways Ltd.,

approved by BCAS

Ext.M6

13.07.2012

Fax message from BCAS to all

RDCOS, BCAS regarding

implementation of AVSEC

Order No. 3 of 2009

Ext.M7

03.08.2012

Communication from BCAS to

Station Manager, Gulf Air,

Mumbai

in

regard

to

implementation of AVSEC order

No. 3/2009

Ext.M8

07.08.2012

BCAS Notice to all the Airport

Directors, AAI, CIAC and AOC

in regard to implementation of

AVSEC order 3/2009

Ext.M9

13.08.2012

Approval of the Aircraft

Operators Security Programme

of M/s Sri Lankan Airline by

BCAS

Ext.M10

23.08.2012

Notice sent by BCAS to Gulf

Air

Ext.M11

13.05.2013

Notice sent by BCAS to Gulf

Airlines Manager (Security),

Chennai

Ext.M12

14.10.2013

Notice sent by BCAS to the

Manager, Gulf Air, Mumbai

Ext.M13

22.10.2013

Notice sent by BCAS to Station

Manager, Gulf Air

Ext.M14

09.01.2014

Notice sent by BCAS to

Manager (Security) Gulf Air

Chennai

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.